GIFT  OF 


UNITED  STATES 

MILITARY   RESERVATIONS 
NATIONAL  CEMETERIES,  : 
and  MILITARY  PARKS  \ 


TITLE, 

JURISDICTION 
Etc. 


PREPARED  IN  THE  OFFICE  OF  THE  JUDGE  ADVOCATE  GENERAL 
UNITED  STATES  ARMY 


REVISED  EDITION:    1916 


WASHINGTON 

^GOVERNMENT  PRINTING  OFFICE 
1916 


IV* 


WAR  DEPARTMENT, 
Document  No.  496. 

OFFICE    OF  THE   JUDGE   ADVOCATE    GENERAL. 


WAR  DEPARTMENT,  February  25, 1916. 

The  book  entitled  United  States  Military  Keservations,  National 
Cemeteries,  Military  Parks,  Title,  Jurisdiction,  etc.,  revised  and  cor- 
rected to  date  under  the  supervision  of  Brig.  Gen.  E.  H.  Crowder, 
Judge  Advocate  General  of  the  Army,  by  Mr.  J.  F.  Defandorf,  law 
clerk,  is  approved  and  published  for  the  information  of  the  Army 
and  the  Organized  Militia  of  the  United  States. 

H.  L.  SCOTT, 

Secretary  of  War,  ad  interim. 

1 


333346 


PREFACE. 


The  main  purpose  of  this  book  is  to  publish  in  convenient  form 
for  official  use  information  concerning  the  title  of  the  United  States 
to  the  various  military  reservations,  including  the  national  military 
parks  and  the  national  cemeteries,  and  also  the  statutes  of  the  several 
States  by  which  political  jurisdiction  over  military  reservations  lo- 
cated therein  has  been  ceded  to  the  United  States.  The  statement 
of  title  describes  the  deeds  under  which  the  lands  comprising  some 
of  the  reservations,  or  portions  thereof,  have  been  acquired,  and  the 
Executive  orders  under  which  other  lands  have  been  reserved  from 
the  public  domain  for  military  purposes.  It  describes,  also,  all  ease- 
ments affecting  the  title  of  any  reservation,  and  the  leases  and  licenses 
granted  for  any  use  and  occupation  of  the  same,  except  that  unim- 
portant licenses  and  short-term  leases  have  in  some  cases  been 
omitted.  This  book  also  contains  a  table  of  the  reservations  that  have 
passed  from  the  control  of  the  War  Department  since  1850,  giving 
the  dates  of  and  authority  both  for  their  acquisition  and  disposition 
with  references  to  acts  of  Congress,  general  orders,  etc.,  in  connec- 
tion therewith.  In  an  appendix,  under  the  several  titles  "Eminent 
domain,"  "Jurisdiction,"  "Title,"  and  "Taxation,"  there  has  been 
brought  together  a  large  number  of  syllabi  and  extracts  from  court 
decisions,  and  opinions  of  the  Attorney  General  and  of  the  Judge 
Advocate  General  which  bear  directly  upon  these  subjects. 

8 


UNITED  STATES  MILITARY  RESERVATIONS,  NATIONAL 
CEMETERIES,  AND  MILITARY  PARKS* 


ALABAMA. 

GENERAL   ACT    OF    CESSION. 

SECTION  1.  Be  it  enacted,  etc.,  That  the  United  States  be,  and  they  are  hereby 
authorized  and  empowered  to  purchase,  acquire,  hold,  own,  occupy,  and  possess 
such  land  or  lands,  within  the  limits  of  this  State,  as  they  shall  adjudge  it  ex- 
pedient, and  shall  seek  to  occupy  and  hold  as  sites  on  which  to  erect  and  main- 
tain Forts,  Magazines,  Arsenals,  dockyards,  and  other  needful  buildings,  or  any 
of  them,  as  contemplated  and  provided  in  the  United  States ;  said  purchase  to  be 
effected  either  by  contract  with  the  owner  or  owners  of  said  land,  or  lands,  or  in 
the  manner  hereinafter  provided. 

Section  2  provides  for  acquiring  title  by  condemnation. 

SEC.  3.  Be  it  further  enacted,  That  whenever  the  United  States  shall  contract 
for,  purchase  or  acquire  any  land  or  lands,  within  the  limits  of  this  State,  for 
the  purposes  aforesaid,  in  either  of  the  modes  above  mentioned  and  provided, 
and  shall  desire  to  acquire  constitutional  jurisdiction  over  said  land  or  lands  for 
said  purposes,  it  shall  and  may  be  lawful  for  the  Governor  of  this  State,  upon 
application  made  to  him  in  writing,  on  behalf  of  the  United  States:  for  that 
purpose,  accompanied  by  the  proper  evidence  of  such  purchase,  contract,  or 
acquisition  of  record,  describing  the  land  or  lands  sought  to  be  ceded  by  conven- 
ient metes  and  bounds,  and  the  said  Governor  shall  be,  and  he  is  hereby  author- 
ized and  empowered,  thereupon,  in  the  name  and  on  behalf  of  this  State,  to 
cede  to  the  United  States  exclusive  jurisdiction  over  the  land  or  lands  so  pur- 
chased or  acquired,  and  sought  to  be  ceded,  the  United  States  to  hold,  use, 
occupy,  own,  possess  and  exercise  said  jurisdiction  over  the  same  for  the  pur- 
poses aforesaid,  and  none  other  whatsoever :  Provided  always.  That  the  consent 
aforesaid  is  hereby  given,  and  cession  aforesaid  is  to  be  granted  and  made  as 
aforesaid,  upon  the  express  condition,  that  this  State  shall  retain  a  concurrent 
jurisdiction  with  the  United  States  in  and  over  the  land  or  lands  to  be  ceded 
and  every  portion  thereof,  so  far  that  all  civil  and  such  criminal  process  as  may 
issue  under  the  authority  of  this  State,  against  any  person  or  persons  charged 
with  crimes  committed  without  the  boundaries  of  said  land  or  lands  so  ceded, 
may  be  executed  therein  in  the  same  way  and  manner  as  though  this  cession  and 
consent  had  not  been  made  and  granted :  Saving,  however,  to  the  United  States, 
security  to  their  property  within  the  said  limits  and  extent,  and  exemption  of 
the  same,  and  of  said  land  or  lands,  from  any  tax  under  the  authority  of  this 
State,  whilst  the  same  shall  continue  to  be  owned,  held,  used,  and  occupied,  by 
the  United  States  for  the  purposes  above  expressed  and  intended,  and  not 
otherwise. 

(Approved  January  28,  1848.) 

In  this  connection  see  also  an  act  of  the  State  legislature,  approved 
December  1,  1837,  which  provides  as  follows: 

That  the  jurisdiction  of  this  State,  within  and  over  all  Forts  and  Arsenals 
that  may  be  established  and  erected  by  the  United  States  within  the  limits  of 
this  State,  shall  be,  and  the  same  is  hereby,  ceded  to  the  United  States,  so  far 
as  the  walls  or  permanent  enclosures  of  the  same  shall  extend  and  no  further. 

See  also  Code  of  Alabama,  1896,  volume  1,  sections  626-629. 

5 


\  iy\ ;  \ 

')  U-KITED*.  STATES   MILITARY   RESERVATIONS,  ETO. 

ANNISTON   FIELD   ARTILLERY  RANGE. 

This  reservation  is  situated  near  Anniston,  and  comprises  the  SE. 
|  of  the  SE.  J,  sec.  24,  T.  15  S.,  K.  8  E. ;  the  N.  J  and  SW.  J,  sec.  18, 
and  all  of  sec.  30,  T.  15  S.,  K.  9  E.,  Huntsville  meridian,  Alabama. 

Title. — Reserved  for  military  purposes  by  Executive  order,  dated 
December  6,  1915  (No.  2281),  subject  to  any  existing  valid  entries  or 
claims  thereto. 

FORT  GAINES. 

This  reservation  is  situated  on  the  eastern  end  of  Dauphin  Island, 
and  as  reduced  by  the  sale  hereinafter  referred  to,  contains  an  area 
of  about  267  acres,  with  metes  and  bounds  as  announced  in  G.  O.  155, 
W.  D.,  November  27, 1911. 

Title. — Acquired  under  condemnation  proceedings  by  final  decree 
dated  January  20,  1853,  of  the  court  of  chancery  for  the  first  district 
of  the  southern  chancery  division  of  the  State  of  Alabama.  Under 
authority  of  act  of  Congress  approved  March  4, 1911  (36  Stat.,  1350), 
the  Secretary  of  War,  by  deed  dated  September  18,  1911,  conveyed  a 
portion  (about  709  acres)  of  the  tract  acquired  under  said  condemna- 
tion proceedings  to  the  Dauphin  Island  Wharf  &  Harbor  Co.,  leaving 
the  area  as  above  specified. 

Jurisdiction. — Acquired  under  general  act  of  cession,  by  deed  of 
the  governor  dated  November  25,  1853,  as  contemplated  by  section  3 
of  said  act. 

MILITIA    TARGET    RANGES. 

Anniston. — This  range  is  situated  adjoining  the  city  of  Anniston, 
in  Calhoun  County,  and  contains  an  area  of  about  15  acres. 

Title. — 1.  Deed  from  Bibb  Graves,  adjutant  general  of  the  State 
of  Alabama,  as  trustee,  dated  May  18,  1910,  conveying  2.5  acres.  Re- 
corded in  book  143,  page  102,  deed  records  of  said  county. 

2.  Deed  from  Bibb  Graves,  disbursing  officer  of  the  militia  of  the 
State  of  Alabama,  dated  June  18,  1910,  conveying  13  acres,  more  or 
less.  Recorded  in  book  143,  page  141  of  same  records. 

Luverne. — This  range  is  situated  in  Crenshaw  County  and  con- 
tains an  area  of  4.96  acres,  and  is  known  as  the  "Luverne  Rifle 
Range." 

Title. — 1.  Deed  from  Maurice  King  et  ux  dated  June  21, 1910,  con- 
veying 4.96  acres.  Recorded  in  book  30,  page  318,  deed  records  of 
Crenshaw  County. 

2.  Quit  claim  deed  from  Bibb  Graves,  adjutant  general  of  the 
State  of  Alabama,  dated  June  21,  1910,  to  same  premises.  Recorded 
in  deed  book  29,  page  462,  of  the  same  records. 

MOBILE  BAY    (ISLANDS  IN). 

This  reservation  is  situated  at  the  confluence  of  Mobile  Bay  and 
Mississippi  Sound,  and  comprises  two  islands  between  the  north 
point  of  Dauphin  Island  and  Cedar  Point. 

Title. — Reservation  declared  and  set  apart  by  Executive  order 
dated  February  9, 1842. 

Jurisdiction. — See  "  General  act  of  cession." 


ALABAMA.  7 

MOBILE  NATIONAL  CEMETERY. 

This  reservation,  acquired  for  cemetery  purposes,  is  situated  in  the 
city  of  Mobile  and  contains  an  area  of  116,736  square  feet. 

Title. — 1.  Deed  from  the  city  of  Mobile  to  the  United  States,  dated 
May  31,  1866,  conveying  squares  numbered  20  and  24,  in  what  is 
known  as  the  "  New  Graveyard  "  or  "  Magnolia  Cemetery ;"  area  of 
ground  conveyed,  110,976  square  feet.  Deed  recorded  in  deed  book 
No.  27,  N.  S.,  pages  148-149,  of  the  probate  records  of  Mobile  county. 

2.  Deed  from  the  city  of  Mobile  to  the  United  States,  dated  July 
30, 1894,  conveying  a  strip  of  ground  south  of  and  adjoining  the  first- 
described  tract,  containing  an  area  of  5,760  square  feet.  Deed  re- 
corded in  deed  volume  73,  pages  326-327,  of  the  probate  records  of 
Mobile  County. 

Jurisdiction. — Ceded  as  to  tract  described  under  deed  No.  1,  supra, 
by  act  of  the  General  Assembly  of  Alabama,  as  follows : 

Be  it  enacted,  etc.,  That  the  State  does  hereby  cede  to  the  United  States  all 
right  and  title  which  this  State  now  has  to  the  enclosure  within  the  limits  of 
Magnolia  Cemetery,  in  the  City  of  Mobile,  which  is  now  occupied  as  a  National 
Military  Cemetery,  and  does  further  cede  jurisdiction  over  said  enclosure; 
Provided,  however,  That  all  civil  and  criminal  process  issued  from  any  Court  of 
this  State  under  authority  of  law  may  run  and  be  executed  within  the  bounds  of 
said  National  Military  Cemetery  at  Mobile,  the  same  in  all  respects  as  if  this 
act  had  never  been  passed.  (Approved  Mar.  6,  1875.) 

FORT  MORGAN. 

This  reservation  is  situated  on  Mobile  Point,  Baldwin  County,  on 
the  eastern  side  of  the  entrance  to  Mobile  Bay,  33  miles  from  Mobile, 
and  contains  about  493.92  acres. 

Title. — 1.  Original  reservation  a  part  of  the  public  domain  ceded 
by  Spain  under  treaty  of  1819.  Reserved  by  Executive  order  of  Feb- 
ruary 13,  1844,  for  military  purposes. 

2.  Under  decree  of  the  district  court  of  the  United  States  for  the 
southern  district  of  Alabama,  rendered  June  13, 1905  (copy  of  decree 
and  of  the  certificate  of  payment  of  the  award  recorded  in  record 
book  No.  9  N  S,  pp.  562-567.  probate  records  of  Baldwin  County), 
and  deed  from  the  Navy  Cove  Harbor  &  Railroad  Co.,  dated  June  13, 
1905  (recorded  in  record  book  No.  10  N  S,  p.  275),  the  United  States 
acquired  two  tracts  of  land,  aggregating  171.5  acres,  adjoining  the 
reservation  on  the  east.  (See  G.  O.  No.  16,  W.  D.,  Jan.  22,  1906.) 

Revocable  licenses. — September  16,  1908,  to  Mobile  Towing  & 
Wrecking  Co.,  for  telegraph  line  and  station. 

November  27, 1912,  to  D.  R.  Peteet,  to  construct,  maintain,  and  op- 
erate a  telephone  line. 

Jurisdiction. — Ceded  over  the  original  reservation  by  act  of  State 
legislature,  approved  February  18,  1891  (Acts  of  Alabama,  1891,  p. 
1293),  which  provides  as  follows: 

SECTION  1.  Be  it  enacted,  etc.,  That  pursuant  to  Article  One,  Section  Eight, 
Paragraph  Seventeen  of  the  Constitution  of  the  United  States,  consent  to  pur- 
chase is  hereby  given,  and  exclusive  jurisdiction  ceded,  to  the  United  States, 
over  and  with  respect  to  all  Lands  now,  or  which  may  hereafter  be,  embraced 
in  the  military  Posts  and  Reservations  of  Mount  Vernon  Barracks,  in  Mobile 
County,  and  Fort  Morgan,  in  Baldwin  County,  so  long  as  the  United  States 
shall  occupy  the  same  for  public  purposes,  reserving,  however,  to  the  State,  a 


8  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

concurrent  jurisdiction  for  the  execution  within  said  lands  of  all  process,  civil 
or  criminal,  lawfully  issued  by  the  Courts  of  the  State  and  not  incompatible 
with  this  cession. 

Ceded  over  the  two  tracts  referred  to  under  2  supra,  by  gover- 
nor's deed  of  May  21, 1906,  under  authority  of  general  act  of  cession. 

PERDIDO  BAY    (LANDS  ON  WEST  SIDE  OF  ENTRANCE  TO). 

This  reservation  is  situated  on  the  west  side  of  the  entrance  to 
Perdido  Bay  and  contains  298.8  acres. 

Title. — A  part  of  the  public  domain  ceded  by  Spain,  it  was  set 
apart  and  declared  a  reservation  for  military  purposes  by  Executive 
order  dated  February  9,  1842. 

Jurisdiction. — See  "  General  act  of  cession." 

PERDIDO  BAY   (LANDS  WEST  OF  AND  NORTH  OF  BAT  LA  LAUNCH.) 

This  reservation  is  situated  on  the  west  side  of  Perdido  Bay  and 
north  of  Bay  La  Launch,  and  comprises  section  27,  parts  of  sections 
34  and  35.  and  the  E.  J  of  the  SW.  i  of  sec.  26,  T.  8  S.,  R.  5  E.,  in  the 
Sparta  land  district,  Alabama,  and  contains  about  1,097.40  acres. 

Title. — A  part  of  the  public  domain  ceded  by  Spain,  it  was  re- 
served for  military  purposes  by  Executive  order  dated  December 
12,  1847. 

Jurisdiction. — See  "  General  act  of  cession." 

ALASKA. 

The  following  are  the  reservations  for  right  of  way  and  stations 
for  the  use  of  the  Signal  Corps,  United  States  Army,  in  the  operation 
and  maintenance  of  military  telegraph  and  cable  lines  in  Alaska : 

Right  of  way. — A  strip  of  land  100  feet  wide  (50  feet  on  each  side 
of  center  of  telegraph  line)  along  the  United  States  military  tele- 
graph lines  from  Valdez  to  Fort  Egbert;  from  Fort  Egbert  to 
Boundary;  from  Gulkana  Station  to  Fort  Gibbon;  from  Baker  to 
Rampart;  from  Fort  Gibbon  to  St.  Michael;  and  from  Safety  Har- 
bor to  Fort  Davis;  with  an  aggregate  length  of  over  1,400  miles,  was 
reserved,  subject  to  private  rights,  by  Executive  order  of  May  24, 
1905  (G.  O.  83.  W.  D.,  June  5,  1905),  as  amended  by  Executive  order 
of  October  23,'  1907  (G.  O.  224,  W.  D.,  Nov.  5,  1907),  and  further 
amended  by  Executive  order  of  September  25,  1913  (No.  1831). 

STATIONS. 

Beaver  Dam. — Lat.  61°  13',  long.  145°  28'.  Reserved  by  Executive 
order  of  April  26,  1910,  as  amended  by  Executive  order  of  May  13, 
1910  (G.  0. 103,  W.  D.,  June  6, 1910).  Area :  640  acres,  more  or  less! 

Birches.— Lat.  65°  06',  long.  153°  15'.  Reserved  by  Executive 
order  of  May  4, 1908  (G.  O.  90,  W.  D.,  May  23,  1908).  Area:  22.956 
acres,  more  or  less. 

Cape  Fanshaw.— Lat.  57°  11',  long.  133°  33'.  Reserved  by  Ex- 
ecutive order  of  February  26,  1907  (G.  O.  49,  W.  D.,  Mar.  9,  1907). 
A  tract  of  public  land  at  Cape  Fanshaw,  at  the  junction  of  Frederick 
Sound  and  Fanshaw  Bay,  nearly  due  east  of  Sitka. 


ALASKA.  9 

Chena.— Lat.  64°  50',  long.  148°  00'.  Reserved  by  Executive  or- 
der of  May  16,  1908  (G.  O.  93,  W.  D.,  May  27,  1908).  Area:  0.46 
acre,  more  or  less. 

Lease,  to  Tanana  Valley  Railroad  Co.  of  approximately  one-half 
of  Signal  Corps  lot  for  5  years  from  July  1,  1915. 

Chestochena.— Lat.  62°  30',  long.  144°  51'.  Reserved  by  Execu- 
tive order  of  May  24,  1905  (G.  O.  83,  W.  D.,  June  5,  1905).  Area: 
640  acres,  more  or  less. 

Circle.— Lat.  65°  47',  long.  144°  05'.  Reserved  by  Executive  or- 
der of  September  30,  1908  (G.  O.  158,  W.  D.,  Oct.  8,  1908),  and  en- 
larged by  Executive  order  of  June  6,  1914  (No.  1958).  Area:  19.9 
acres. 

Copper  Center.— Lat.  61°  54',  long.  145°  20'.  Reserved  by  Ex- 
ecutive order  of  May  24,  1905  (G.  O.  83,  W.  D.,  June  5,  1905),  and 
enlarged  by  Executive  order  of  June  6,  1910  (No.  1958).  Area: 
695.29  acres,  more  or  less. 

Cordova.— Lat.  60°  33',  long.  145°  43'.  Conveyed  by  deed  of 
George  C.  Hazelet,  trustee,  etc.,  dated  February  1, 1909,  and  recorded 
in  book  3  of  deeds,  page  62,  of  the  records  of  Cordova  precinct.  Area, 
about  2.066  acres.  Accepted  in  Army  appropriation  act  of  March  3, 
1909. 

Delta.— Lat.  64°  20',  long.  146°  50'.  Reserved  by  Executive  order 
of  May  4, 1908  (G.  O.  90,  W.  D.,  May  23,  1908).  Area:  96.969  acres, 
more  or  less. 

Donnelly's.— Lat.  63°  42',  long.  146°  03'.  Reserved  by  Executive 
order  of  October  23,  1907  (G.  O.  224,  W.  D.,  Nov.  5,  1907).  Area: 
640  acres,  more  or  less. 

Eureka.— Lat.  65°  00',  long.  150°  20'.  Reserved  by  Executive 
order  of  June  6,  1914  (No.  1958).  Area:  1.3  acres,  more  or  less. 

Fairbanks.— Lat.  64°  50',  long.  147°  45'.  Reserved  by  Executive 
order  of  April  6,  1908  (G.  O.  66,  W.  D.,  Apr.  29,  1908).  Area:  19 
acres,  more  or  less. 

Lot  25  by  50  feet  on  Cushman  Street,  in  the  town  of  Fairbanks, 
donated  to' the  United  States  by  said  town,  and  conveyed  by  deed 
from  Tillie  McChesney  to  the  United  States,  dated  August  23,  1904. 
Recorded  in  volume  2  of  deeds,  page  189,  recorder's  office,  Fairbanks 
recording  district,  August  23,  1904.  Conveyance  accepted  by  act  of 
Congress,  approved  May  11,  1908. 

Gakona.— Lat.  62°  23',  long.  145°  30'.  Reserved  by  Executive 
order  of  May  24,  1905  (G.  O.  83,  W.  D.,  June  5,  1905).  Area:  640 
acres,  more  or  less. 

Gibbon,  Fort.— Lat.  65°  12',  long.  152°  00'.  Addition  to,  for 
military  telegraph  purpose.  Area:  18.25  acres,  more  or  less.  (See 
Fort  Gibbon  Reservation.) 

Gulkana.— Lat.  62°  18',  long.  145°  39'.  Reserved  by  Executive 
order  of  November  24,  1908  (G.  O.  200,  W.  D.,  Dec.  10,  1908). 
Area :  2.30  acres,  more  or  less. 

Hogan.— Lat.  62°  44',  long.  145°  55'.  Reserved  bv  Executive 
order  of  March  3,  1908  (G.  O.  34,  W.  D.,  Mar.  14,  1908).  Area: 
640  acres,  more  or  less. 

Hot  Springs.—  Lat.  64°  58',  lonsr.  151°  10'.  Reserved  by  Execu- 
tive order  of  May  4, 1908  (G.  O.  90,^  W.  D.,  May  23,  1908).  Original 


10  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

area  of  40  acres  was  reduced  by  Executive  order  of  September  27, 
1909  (G.  O.  208,  W.  D.,  Oct.  16,  1909),  to  6.1  acres. 

Kaltag.— Lat.  64°  15',  long.  158°  40'.  Reserved  by  Executive 
order  of  May  4,  1908  (G.  O.  90,  W.  D.,  May  23,  1908).  Area:  2.766 
acres,  more  or  less. 

Ketchumstock.— Lat.  64°  03',  long.  142°  40'.  Reserved  by  Execu- 
tive order  of  May  24,  1905  (G.  O.  83,  W.  D.,  June  5,  1905).  Area: 
160  acres,  more  or  less. 

Keystone.— Lat.  61°  04',  long.  146°  09'.  Reserved  by  Executive 
order  of  December  7,  1905  (G.  O.  208,  W.  D.,  Dec.  22,  1905).  Area: 
640  acres,  more  or  less. 

Kokrines.— Lat.  64°  55',  long.  154°  40'.  Reserved  by  Executive 
order  of  May  4,  1908  (G.  O.  90,  W.  D.,  May  23,  1908)  and  enlarged 
by  Executive  order  of  June  6,  1914  (No.  1958).  Area:  21.262  acres, 
more  or  less. 

Koyukuk.— Lat.  64°  15',  long.  157°  30'.  Reserved  by  Executive 
order  of  May  4,  1908  (G.  O.  90,  W.  D.,  May  23,  1908).  Area: 
22.956  acres,  more  or  less. 

Louden.— Lat.  64°  37'.  long.  156°  35'.  Reserved  by  Executive 
order  of  May  4,  1908  (G.  O.  90,  W.  D.,  May  23,  1908).  Area: 
22.956  acres,  more  or  less. 

McCallum's.—  Lat.  63°  17',  long.  145°  50'.  Reserved  by  Execu- 
tive order  of  October  23,  1907  (G.  O.  224,  W.  D.,  Nov.  5,  1907). 
Area :  640  acres,  more  or  less. 

McCarty.— Lat.  64°  09',  long.  145°  51'.  Reserved  by  Executive 
order  of  July  3,  1912  (No.  1557)  on  left  bank  of  Tanana  River,  just 
above  continence  with  Delta  River.  Area :  2.94  acres,  more  or  less. 

Melozi.— Lat.  64°  44',  long.  155°  28'.  Reserved  by  Executive 
order  of  May  4,  1908  (G.  O.  90,  W.  D.,  May  23,  1908).  Area: 
18.319  acres,  more  or  less. 

Mentasta.— Lat.  62°  55',  long.  143°  46'.  Reserved  by  Executive 
order  of  May  24,  1905  (G.  O.  83,  W.  D.,  June  5,  1905).  Area:  640 
acres,  more  or  less. 

Minto.— Lat.  64°  48'.  Ions.  148°  58'.  Reserved  by  Executive 
order  of  January  18,  1908  (G^O.  19,  W.  D.,  Jan.  31,  1908).  Area: 
45.91  acres,  more  or  less. 

Montague  Point.— Lat.  60°  25',  long.  147°  07'.  Reserved  by  Ex- 
ecutive order  of  October  26,  1908  (G.  O.  176,  W.  D.,  Nov.  7,  1908). 
On  Montague  Island,  Prince  William  Sound. 

Nenana.— Lat.  64°  40',  long.  148°  30'.  Reserved  by  Executive 
order  of  May  4, 1908  (G.  O.  90,  W.  D.,  May  23, 1909).  Area :  51.652 
acres,  more  or  less. 

Nome.— Lat.  64°  30',  long.  165°  23'.  Reserved  by  Executive  order 
of  February  27,  1909  (G.  O.  55,  W.  D.,  Mar.  23,  1909).  Blocks  Nos. 
88,  89,  and  122  in  the  city  of  Nome. 

Northfork.—  Lat.  64°  28',  long.  142°  10'.  Reesrved  by  Executive 
order  of  May  24,  1905  (G.  O.  83,  W.  D.,  June  5,  1905).  Area:  240 
acres,  more  or  less. 

Nulato.— Lat.  64°  42',  long.  158°  00'.  Reserved  by  Executive  order 
of  May  4,  1908  (G.  O.  90,  W.  D.,  May  23,  1908),  as  amended  by 
Executive  order  of  October  24,  1911  (G.  O.  155,  W.  D.,  Nov.  27, 
1911),  enlarging  reservation  and  publishing  metes  and  bounds 


ALASKA.  11 

thereof.  Area :  30.7  acres,  more  or  less.  Resurvey  approved  by  the 
Secretary  of  War  March  24,  1913,  in  which  there  was  no  change  in 
location  of  corners  or  monuments  nor  in  direction  of  boundary  lines, 
and  hence  no  change  in  area. 

Old  Woman.— Lat.  64°  05',  long.  159°  40'.  Reserved  by  Execu- 
tive order  of  September  21,  1905  (5.  O.  161,  W.  D.  Sept.  30,  1905), 
as  amended  by  Executive  order  of  August  1,  1907  (G.  O.  175,  W.  D., 
Aug.  23,  1907).  Area:  29.48  acres,  more  or  less. 

Paxson's. — Lat.  63°  04',  long.  145°  51'.  Reserved  by  Executive 
order  of  October  23,  1907  (G.  O.  224,  W.  D.,  Nov.  5,  1907).  (a) 
Station  reserve:  Area,  2.30  acres,  more  or  less,  (b)  Timber  reserve: 
Area,  480  acres,  more  or  less. 

Rampart.— Lat.  65°  30',  long.  150°  15'.  Reserved  by  Executive 
order  of  June  15,  1909  (G.  O.  No.  123,  W.  D.,  June  23,  1909).  Com- 
prises lots  6,  7,  and  8  of  block  5  of  the  town  of  Rampart;  each  lot 
being  50  feet  front  by  100  feet  in  depth.  These  lots  have  been  occu- 
pied by  the  United  States  since  1889,  when  quitclaim  deeds  were 
taken  from  the  occupants  who  were  mere  squatters  thereon. 

Richardson.— Lat.  64°  20',  long.  146°  28'.  Reserved  by  Executive 
order  of  May  4,  1908  (G.  O.  90,  W.  D.,  May  23,  1908).  Area:  0.327 
acre,  more  or  less. 

Safety  Harbor.— Lat.  64°  27',  long.  164°  45'.  Reserved  by  Execu- 
tive order  of  September  21,  1905  (G.  O.  161,  W.  D.,  Sept.  30,  1905). 
Area :  14.776  acres,  more  or  less. 

Saina.— Lat.  61°  12',  long.  145°  43'.  Reserved  by  Executive  order 
of  May  24,  1905  (G.  O.  83,  W.  D.,  June  5,  1905).  Area:  640  acres, 
more  or  less. 

Salcha.—  Lat.  64°  33',  long.  147°  15'.  Reserved  by  Executive 
order  of  May  4,  1908  (G.  O.  90,  W.  D.,  May  23,  1908). Area:  96.969 
acres,  more  or  less. 

Seward.— Lat.  60°  06',  long.  149°  27'.  Reserved  by  Executive 
order  of  July  3, 1905  (G.  0. 116,  W.  D.,  July  19, 1905).  Lots  10  and 
11  in  block  8  in  said  town,  conveyed  by  deed  from  John  E.  Ballaine 
and  Anna  F.  Ballaine,  his  wife,  to  the  United  States,  dated  November 
19, 1913.  Recorded  in  volume  2  of  deeds,  page  587,  Records  of  Kenai 
Precinct. 

Sitka.— Lat.  57°  03',  long.  135°  19'.  By  Executive  order  of  April 
4,  1908  (G.  O.  61,  W.  D.,  Apr.  21,  1908),  a  parcel  of  land  in  Sitka, 
included  in  the  reservations  for  public  purposes,  made  on  the  recom- 
mendation of  the  Secretary  of  the  Interior,  dated  June  19,  1890,  by 
Executive  order  of  June  21,  1890,  was  transferred  from  the  Navy 
Department  of  the  War  Department  for  the  purposes  of  a  cable  house 
and  station. 

Teikheil.— Lat.  61°  25',  long.  145°  20'.  Reserved  by  Executive 
order  of  May  24,  1905  (G.  O.  83,  W.  D.,  June  5,  1905).  Area:  640 
acres,  more  or  less. 

Tolovana. — Lat.  64°  50',  long.  149°  55'.  Reserved  by  Executive 
order  of  May  4,  1908  (G.  O.  90,  W.  D.,  May  23,  1908).  Area:  9.848 
acres,  more  or  less. 

Tonsina.— Lat.  61°  40',  long.  145°  17'.  Reserved  by  Executive 
order  of  May  24?  1905  (G.  O.  83,  W.  D.,  June  5,  1905).  Area:  280 
acres,  more  or  less. 


12  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

TJnalaklik.— Lat.  63°  45',  long.  160°  48'.  Reserved  by  Executive 
order  of  February  24,  1906  (G.  O.  47,  W.  D.,  Mar.  5,  1906).  Area: 
6.26  acres,  more  or  less. 

Valdez.— Lat.  61°  07',  long.  146°  17'.  Reserved  by  Executive  order 
of  March  10,  1903;  amended  by  Executive  order  of  June  30,  1904 
(G.  O.  166,  W.  D.,  Oct.  26,  1904) ;  and  further  amended  by  Execu- 
tive order  of  May  26,  1911  (G.  O.  76,  W.  D.,  June  9,  1911),  trans- 
ferring Cable  Landing  Reservation  No.  2  to  the  control  of  the  Sec- 
retary of  the  Interior,  under  act  of  July  5,  1884  (23  Stat.,  103),  with 
a  view  to  incorporating  the  same  in  the  street  system  of  the  town 
of  Valdez.  In  addition  to  the  above,  there  was  reserved  by  Executive 
order,  dated  May  6,  1911  (G.  O.  71,  W.  D.,  June  2,  1911),  subject 
to  private  rights,  a  strip  of  land  varying  from  25  to  75  feet  in  width, 
length,  and  area  not  given,  extending  from  the  reservation  in  a 
westerly  direction  to  extreme  low  water.  Area:  19,598  square  feet, 
more  or  less. 

Easements  have  been  granted  to  the  United  States  covering  the 
extension  of  the  Government  cable  across  the  premises  of  the  follow- 
ing-named individuals: 

1.  J.  L.  Reed,  dated  February  17,  1911.    Recorded  in  book  5,  page 
72,  of  records  of  District  of  Alaska. 

2.  H.  J.  Miller,  April  14,  1911.    Recorded  in  book  6,  page  251,  of 
same  records. 

3.  Edmund  Smith  and  C.  E.  Bunnell,  February  17,  1911.     Re- 
corded in  book  5,  page  70,  of  same  records. 

4.  George  C.  Treat  and  Edmund  Smith,  February  17,  1911.    Re- 
corded in  book  5,  page  69,  of  same  records. 

Wortmans. — Lat.  61°  07',  long.  145°  56'.  Reserved  by  Executive 
order  of  May  24,  1905  (G.  O.  83,  W.  D.,  June  5,  1905).  Area:  450 
acres,  more  or  less,  depending  on  course  of  military  trail  and  river. 

AMAKNAK  ISLAND. 

This  reservation  is  situated  in  Dutch  Harbor  and  embraces  the 
whole  island  except  the  tract  of  land  reserved  for  lighthouse  pur- 
poses by  Executive  order,  dated  January  13,  1899,  and  the  tract 
embraced  in  amended  survey  58  of  the  North  American  Commercial 
Co. 

Title. — Acquired  by  purchase  from  the  Russian  Government  in 
1867  and  set  apart  and  declared  a  reservation  for  public  purposes  by 
Executive  order,  dated  April  2,  1901. 

Under  date  of  July  9,  1901,  the  Secretary  of  War  approved  the 
occupancy  by  the  Interior  Department  of  a  triangular  parcel  of  land 
between  the  lighthouse  tract  and  the  tract  of  the  North  American 
Commercial  Co.  for  school  purposes,  such  occupancy,  however, 
being  subject  to  the  condition  that  should  at  any  time  in  the  future 
the  military  situation  demand  it,  the  premises  would  be  vacated  by 
the  Department  of  the  Interior. 

CORDOVA  AND  ORCA  BAYS    (LANDS  ON  AND  ISLANDS  IN). 

This  reservation  comprises  certain  lands  on  Cordova  Bay  and 
islands  in  Orca  Bay.  The  islands  in  Orca  Bay  are  situated  east  and 
west  of  Hawkins  Island,  and  are  designated  as  "Observation," 
"  North,"  and  "  Channel "  Islands,  respectively. 


ALASKA.  13 

Title. — Reserved  for  defensive  purposes  of  the  War  Department 
by  Executive  order  of  April  8,  1910  (G.  O.  64,  W.  D.,  Apr.  16, 1910), 
and  modified  by  Executive  order  of  July  15,  1910  (G.  O.  158,-W.  D., 
Aug.  15,  1910),  the  latter  order  excluding  certain  lands  previously 
reserved  (296  acres)  and  setting  aside  the  same  for  the  use  of  the 
Navy  as  a  coaling  station  and  for  other  purposes,  but  reserving  to 
the  War  Department  an  unrestricted  right  of  way  between  the  mili- 
tary reservation  created  by  the  Executive  order  of  April  8,  1910, 
supra,  and  the  town  site  of  Nelson,  authorized  to  be  established  by 
the  act  of  February  6, 1909  (35  Stat.,  598). 

FORT  DAVIS. 

This  reservation  is  situated  at  the  mouth  of  the  Nome  River,  about 
3£  miles  from  Nome,  and  contains  an  area  of  148.68  acres. 

Title. — Acquired  by  purchase  from  the  Russian  Government  in 
1867  and  set  apart  for  military  purposes  by  Executive  order  dated 
December  8, 1900. 

Revocable  licenses. — February  27,  1902,  to  W.  H.  Rowe,  to  con- 
struct, operate,  and  maintain  a  telephone  line  along  the  beach  or 
shore  line  of  the  reservation. 

December  27,  1905,  to  the  Seward  Cooperative  Telephone  Co.,  to 
construct,  operate,  and  maintain  a  telephone  line. 

DYE  A. 

This  reservation  is  situated  in  the  vicinity  of  Dyea,  north  of  the 
dock  of  the  Dyea  Klondike  Transportation  Co.,  and  contains  1,280 
acres. 

Title. — Acquired  by  purchase  from  the  Russian  Government  in 
1867  and  set  apart  for  military  purposes  by  Executive  order  of  De- 
cember 31,  1898. 

FORT  EGBERT. 

This  reservation  is  situated  at  the  mouth  of  Mission  Creek  at  a 
point  known  as  "  Eagle  City  "  and  contains  2,835  acres. 

Title. — Acquired  by  purchase  from  the  Russian  Government  in 
1867  and  set  apart  for  military  purposes  by  Executive  order,  dated 
June  13, 1899.  Enlarged  by  Executive  order,  dated  March  31,  1900 ; 
reduced  by  Executive  orders,  dated  July  23, 1900,  and  January  25, 1904 ; 
and  further  modified  by  Executive  order  of  March  3,  1906  (G.  O.  54, 
W.  D.,  Mar.  16,  1906),  by  including  additional  public  lands  and  ex- 
cluding a  portion  of  the  reservation  found  to  be  useless  for  military 
purposes,  the  latter  being  placed  under  control  of  the  Secretary  of 
the  Interior  under  act  of  July  5, 1884  (23  Stat.,  103). 

Revocable  licenses. — December  14,  1899,  by  commanding  officer, 
district  of  north  Alaska,  to  superintendent  of  Catholic  mission  to 
occupy  for  church  and  mission  purposes  the  following  lots  in  Eagle : 
Lot  5  of  block  6;  western  half  of  lot  4  of  block  6;  lots  7  and  10  of 
block  6 ;  lots  8,  9,  10,  and  11  of  block  11.  License  approved  by  Sec- 
retary of  War  February  12,  1900. 

December  14,  1899,  by  commanding  officer,  district  of  north 
Alaska,  to  superintendent  of  Presbyterian  mission  to  occupy  for 


14  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

church  and  mission  purposes  the  following  lots  in  Eagle:  All  lots 
comprised  in  block  18.  License  approved  by  Secretary  of  War  Feb- 
ruary 12,  1900. 

April  23,  1900,  to  Emile  Quarre,  to  occupy  and  reside  upon  lots 
5  and  6  of  block  7,  Chamberlain's  survey  of  Eagle. 

April  23, 1900,  to  Emile  Quarre,  to  occupy,  for  the  purpose  of  trad- 
ing and  commerce,  lots  11,  12,  and  13,  block  1,  and  lot  1,  block  8, 
Chamberlain's  survey  of  Eagle. 

May  11, 1900,  to  agent,  North  American  Transportation  &  Trading 
Co.,  to  occupy  for  mercantile  purposes  lots  2,  12,  13,  14,  15,  16,  and  a 
portion  of  lot  17,  in  block  8,  Chamberlain's  survey  of  Eagle;  also  a 
piece  of  ground  of  about  4  lots  lying  in  the  "  upper  town  site,"  above 
the  eddy  in  the  Yukon  River,  which  is  improved  with  fence  and  cabin 
and  is  intended  for  an  out-of-town  warehouse. 

March  27,  1901,  to  members  of  the  post  exchange,  to  erect  a  build- 
ing for  post  exchange  use. 

FIRE   ISLAND. 

This  reservation  is  situated  at  the  head  of  Cook  Inlet,  and  embraces 
the  whole  island. 

Title. — Acquired  by  purchase  from  the  Russian  Government  in 
1867,  and  set  apart  for  military  purposes  by  Executive  Order  No. 
1920J,  dated  April  21,  1914.  It  had  previously  been  reserved  by 
Executive  order  of  February  27,  1909,  for  use  of  the  Department  of 
Agriculture  as  a  preserve  and  breeding  ground  for  the  Alaska  moose. 

FORT  GIBBON. 

This  reservation  is  located  at  the  point  where  the  Tanana  River 
joins  the  Yukon  and  contains  about  38,170  acres. 

Title. — Acquired  by  purchase  from  the  Russian  Government  in 
1867,  and  set  apart  for  military  purposes  by  Executive  order,  dated 
July  10, 1899.  Modified  by  Executive  order  of  July  19,  1905  (G.  O., 
129,  W.  D.,  Aug.  3,  1905),  by  adding  thereto  a  strip  of  land  along 
the  eastern  boundary,  approximately  100  yards  in  width,  together 
with  the  island  known  as  "  Bull  Island,"  and  by  excluding  therefrom 
other  lands  as  described  in  said  order.  The  excluded  lands  were  by 
the  same  order  transferred  to  the  Secretary  of  the  Interior  for  dispo- 
sition under  the  act  of  July  5,  1884  (23  Stat.,  103),  or  as  may  be 
otherwise  provided  by  law. 

By  Executive  order  of  July  25,  1908  (G.  O.  126,  W.  D.,  Aug.  10, 
1908),  an  addition  of  18.25  acres  was  made  for  military  telegraph 
purposes ;  the  said  addition  including  part  of  the  homestead  entry  of 
Arthur  J.  Campbell;  which  entry  was  relinquished,  as  to  so  much 
of  the  land  as  is  covered  by  said  order,  by  deed  dated  March  23, 1908, 
and  recorded  in  Vol.  2  of  Deeds,  page  250,  Rampart  Recording 
District. 

Revocable  license. — January  9, 1915,  to  Otis  G.  Berry  and  Bloomer 
W.  Roberts,  to  conduct  a  laundry  business. 

HAWKINS  ISLAND  (PORTION  OF)  . 

This  reservation  is  an  unsurveyed  island  situated  in  Prince  William 
Sound,  in  approximate  latitude  60°  30'  north,  longitude  146°  west. 


ALASKA.  15 

It  is  bounded  on  the  north  and  west  by  Orca  Bay,  on  the  south  by 
Orca  Inlet,  and  on  the  west  by  Canoe  Passage. 

Title. — Executive  order  of  March  18,  1908,  reserving  said  island, 
subject  to  vested  rights,  if  any,  for  use  of  the  Navy  Department  as  a 
coaling  station.  Transferred  to  the  War  Department  as  a  site  for 
coast  defense  fortifications  by  Executive  order  of  September  26, 1910 
(G.  0. 186,  W.  D.,  Oct.  12, 1910). 

JAPONSKI  ISLAND. 

This  reservation  is  situated  directly  opposite  the  town  of  Sitka,  and 
embraces  the  whole  island,  containing  an  area  of  approximately  300 
acres. 

Title. — Executive  order  of  June  21,  1890,  reserving  said  island  for 
military  and  naval  purposes. 

FORT  LISCUM. 

This  reservation  is  situated  on  the  shore  line  at  Port  Valdez,  and 
contains  659.89  acres. 

Title. — A  part  of  the  public  domain  acquired  by  purchase  from  the 
Russian  Government  in  1867,  said  reservation  containing  originally 
1,600  acres  was  set  apart  for  military  purposes  by  Executive  order  of 
July  18, 1900.  By  Executive  order  of  December  3, 1903  (G.  O.  10,  W. 
D.,  Jan.  14, 1904) ,  the  reservation  was  reduced  to  its  present  size. 

Revocable  licenses. — September  26,  1902,  to  Louis  L.  Williams,  to 
construct  and  use  a  wagon  road  across  the  reservation. 

March  21,  1912,  to  George  E.  Baldwin  and  associates,  to  transport 
ore  and  supplies  across  the  reservation  and  to  construct  dock  and  pier 
upon  shore  of  same. 

October  26,  1914,  to  the  Alaska  Water,  Light  &  Telephone  Co. 
(Inc.),  to  maintain  its  existing  connection  with  the  switchboard  of 
the  United  States  Signal  Corps. 

FORT  LISCUM   TARGET   RANGE. 

This  reservation  is  situated  north  of  the  town  of  Valdez,  lying  on 
the  glacial  flats  of  Valdez  Glacier  and  the  mountain  side  to  the  west, 
and  comprises  a  tract  of  about  1,700  acres. 

Title.— Executive  order  of  October  26, 1906  (G.  O.  186,  W.  D.,  Nov. 
12, 1906),  reserving  said  tract,  subject  to  private  rights,  and  setting  it 
apart  as  a  target  range  for  the  use  of  the  troops  at  Fort  Liscum. 

POINT  CAMPBELL. 

This  reservation  is  situated  at  the  head  of  Cook  Inlet,  between 
Turnagain  and  Knik  Arms. 

Title. — Acquired  by  purchase  from  the  Russian  Government  in 
1867,  and  set  apart  for  military  purposes  by  Executive  Order  No. 
1920J,  dated  April  21,  1914. 

POINT   MACKENZIE. 

This  reservation  is  situated  on  the  north  side  of  Cook  Inlet,  near 
the  mouth  of  Knik  Arm. 
12925°— 16 2 


16  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

Title. — Acquired  by  purchase  from  the  Russian  Government  in 
1867,  and  set  apart  for  military  purposes  by  Executive  Order  No. 
1920J,  dated  April  21,  1914. 


POINT  POSSESSION. 

This  reservation  is  situated  near  the  head  of  Cook  Inlet,  between 
Cook  Inlet  and  Turnagain  Arm. 

Title. — Acquired  by  purchase  from  the  Russian  Government  in 
1867,  and  set  apart  for  military  purposes  by  Executive  Order  No. 
1920J,  dated  April  21,  1914. 

POINT  SPENCER. 

This  reservation  includes  the  northern  end  of  Point  Spencer,  and 
is  situated  between  Port  Clarence  Bay  and  Behring  Sea. 

Title. — Acquired  by  purchase  from  the  Russian  Government  in 
1867,  and  reserved  for  public  purposes  by  Executive  order  dated 
January  23,  1900. 

Revocable  license. — July  12,  1901,  to  the  Pacific  Steam  Whaling 
Co.,  to  occupy  for  wharf  and  warehouse  purposes  a  portion  of  the 
sand  spit  at  Point  Spencer. 

FORT  ST.   MICHAEL. 

This  reservation  is  situated  on  St.  Michael  Island,  in  Norton 
Sound,  and  embraces  the  entire  island. 

Title. — A  part  of  the  public  domain  ceded  by  Russia  to  the  United 
States  in  1867,  said  island,  with  all  contiguous  lands  and  islands 
within  100  miles  of  the  flagstaff  of  the  garrison  thereon,  was  declared 
a  military  reservation  by  Executive  order  dated  October  20,  1897. 
By  Executive  order  of  October  27,  1900,  all  lands  within  the  limits 
of  Fort  St.  Michael,  except  St.  Michael  Island  and  the  lands  or 
islands  lying  within  a  radius  of  10  miles  of  the  flagstaff  of  the  post 
of  St.  Michael,  were  placed  under  the  control  of  the  Secretary  of  the 
Irterior  for  disposition  under  act  of  Congress  approved  July  5,  1884 
(23  Stat,  103). 

Executive  order  of  June  8,  1906  (G.  O.  114,  W.  D.,  June  20, 
1906),  provided  for  the  relinquishment  of  the  reservation  Novem- 
ber 1,  1907,  except  the  tracts  therein  described  as  reserved  for  (1) 
"post  of  Fort  St.  Michael;"  (2)  "quartermaster's  depot  and  ship- 
yard;" (3)  "wireless  telegraph  station;"  (4)  "target  range  (for 
collective  fire) ; "  and  rights  of  way  connecting  the  post  reserva- 
tion with  the  reservations  for  wireless-telegraph  station  and  for  tar- 
get range.  The  order  of  June  8,  1906,  was  revoked  by  Executive 
order  of  May  16,  1907  (G.  O.  113,  W.  D.,  May  24,  1907),  so  that  the 
reservation  stands  as  fixed  by  the  Executive  order  of  October  27, 
1900,  supra. 

Revocable  licenses  have  been  granted  to  many  individuals  and  cor- 
porations to  reside  and  conduct  business  enterprises  on  the  reserva- 
tion. 

FORT  WILLIAM  H.  SEWARD. 

This  post  is  situated  at  Haines,  in  the  vicinity  of  Dyea,  on  Chilkat 
Inlet,  Alaska.  The  reservations  for  the  post  are  the  "  main  reserve," 


ARIZONA.  17 

area  about  4,410  acres ;  the  "  clay  reserve,"  area  about  5.74  acres ;  and 
the  "  water  reserve  " — the  metes  and  bounds  of  these  reserves  being 
given  in  the  Executive  order  of  April  23,  1909  (G.  O.  89,  W.  D,, 
May  4,  1909). 

Title. — By  Executive  order  of  December  31,  1898,  a  tract  of  about 
1,280  acres  was  reserved;  which  tract  was  enlarged  by  Executive 
order  of  November  21,  1902,  and  a  reservation  made  to  secure  a  clay 
deposit  for  making  roads.  By  Executive  order -of  November  27, 
1905,  a  reservation  was  made  for  water  supply.  These  several  reser- 
vations having  been  inaccurately  described,  they  were  redeclared  by 
Executive  order  of  April  23, 1909,  supra,  a  small  addition  being  made 
to  the  main  reserve. 

Revocable  licenses. — September  13, 1904,  to  A.  R.  Young  to  erect  a 
building  upon  the  reservation  and  to  conduct  therein  a  laundry. 

April  7,  1909,  to  Board  of  Home  Missions  of  the  Presbyterian 
Church  in  the  United  States  of  America,  jointly  with  the  town  of 
Haines,  Alaska,  to  make  connection  with  and  obtain  a  water  supply 
for  fire  and  domestic  purposes  from  the  water-supply  system  of  this 
post. 

SKAGWAY. 

This  reservation  is  situated  on  the  Skagway  River,  near  Skagway, 
and  contains  466.12  acres. 

Title. — Acquired  by  purchase  from  the  Russian  Government  in 
1867,  and  declared  a  military  reservation  by  Executive  order  dated 
May  21,  1903. 

VALDEZ-FAIRB&NKS    MILITARY    RQAD    TIMBER    RESERVE. 

This  reservation  is  situated  along  the  Valdez-Fairbanks  military 
road  and  comprises  a  tract  of  land  1  mile  wide  on  each  side  of  said 
road,  extending  from  milepost  No.  3  from  Valdez  to  milepost  No.  12 
from  Valdez. 

Title. — Acquired  by  purchase  from  the  Russian  Government  in 
1867  and  set  apart  for  the  use  of  the  Alaskan  Road  Commission  in 
the  construction,  operation,  and  maintenance  of  the  Valdez-Fairbanks 
military  road,  by  Executive  Oder  No.  2259,  dated  October  14,  1915. 

ARIZONA. 

GENERAL  A^T  OF  CESSION. 

SECTION  1.  The  consent  of  the  State  of  Arizona  is  hereby  given,  In  accordance 
with  the  seventeenth  clause,  eighth  section  of  the  first  article  of  the  Constitu- 
tion of  the  United  States,  to  the  acquisition  by  the  United  States,  by  purchase, 
condemnation,  or  otherwise,  of  any  land  in  this  State  required  for  sites  for 
customhouses,  courthouses,  post  offices,  arsenals,  or  other  public  buildings,  or 
for  any  other  purposes  of  the  Government. 

SEC.  2.  Exclusive  jurisdiction  in  and  over  any  land  so  acquired  by  the  United 
States  shall  be,  and  the  same  is  hereby,  ceded  to  the  United  States  for  all  pur- 
poses, except  that  the  right  is  reserved  to  the  State  to  serve  upon  any  such 
sites  all  civil  and  criminal  processes  of  the  courts  of  this  State ;  but  the  juris- 
diction so  ceded  shall  continue  only  so  long  as  the  United  States  shall  own 
such  land. 

SEC.  3.  The  jurisdiction  ceded  shall  not  vest  until  the  United  States  shall 
have  acquired  the  title  to  the  said  lands  by  purchase,  condemnation,  or  other- 


18  UNITED   STATES   MILITAEY   RESERVATIONS,  ETC. 

wise ;  and  so  long  as  the  said  lands  shall  remain  the  property  of  the  United 
States  when  acquired  as  aforesaid,  and  no  longer,  they  shall  be  and  continue 
exempt  and  exonerated  from  all  State,  county,  and  municipal  taxation,  assess- 
ment, or  other  charges  which  may  be  levied  or  imposed  under  the  authority  of 
this  State. 

SEC.  4.  Exclusive  jurisdiction  over  the  military  reservations  of  Fort  Apache, 
in  Navajo  County;  Fort  Huachua,  in  Cochise  County;  Whipple  Barracks  and 
Whipple  Barracks  target  range,  in  Yavapai  County,  and  all  the  lands  now  or 
hereafter  embraced  within  such  reservations  are  hereby  ceded  to  the  United 
States  for  all  purposes,  except  that  the  right  is  reserved  to  the  State  to  serve 
all  civil  and  criminal  processes  of  the  courts  of  this  State  within  said  reserva- 
tions; but  the  jurisdiction  so  ceded  shall  continue  only  so  long  as  the  United 
States  owns  such  reservations  and  the  lands  embraced  therein,  and  so  long  as 
said  reservations  and  lands  embraced  therein  shall  remain  the  property  of  the 
United  States,  and  no  longer,  they  shall  continue  exempt  and  exonerated  from 
all  State,  county,  and  municipal  taxation,  assessment,  or  other  charges  which 
may  be  levied  or  imposed  under  the  authority  of  this  State. 

SEC.  5.  Whereas  it  is  necessary  under  the  laws  of  the  United  States  that  there 
be  ceded  to  the  United  States  jurisdiction  over  the  military  reservations  and 
other  premises  in  this  act  described,  in  order  that  the  United  States  may  make 
necessary  improvements  thereon,  and  for  that  reason  an  early  operation  of 
this  act  is  necessary  for  the  preservation  of  the  public  peace  and  safety,  an 
emergency  is  hereby  declared  to  exist  and  this  act  shall  take  effect  and  be  in 
force  from  and  after  its  passage  and  its  approval  by  the  governor,  and  is  hereby 
exempt  from  the  provisions  of  the  referendum  clause  of  the  State  constitution. 

(Approved,  Apr.  29,  1913.) 

FORT  APACHE. 

This  reservation  is  situated  in  townships  4  and  5  north,  range  23 
east,  Navajo  County,  and  contains  an  area  of  7,579.75  acres,  with 
metes  and  bounds  as  given  in  G.  O.  162,  W.  D.,  August  4,  1909. 

Title. — A  portion  of  the  White  Mountain  Indian  Reservation,  it 
was  restored  to  the  public  domain  by  Executive  order  of  January  26, 
1877,  and  declared  a  military  reservation  by  Executive  order  of  Feb- 
ruary 1,  1877. 

Revocable  license. — April  5,  1910,  to  M.  Jesus  Velesques  to  occupy 
lor  agricultural,  grazing,  and  milk  ranch  purposes  a  tract  of  about 
50  acres,  known  as  "  Coleman's  Old  Milk  Ranch,"  on  the  reservation. 

Jurisdiction. — See  "  General  act  of  cession." 

FORT    HUACHUCA. 

This  reservation  is  situated  in  townships  21,  22,  and  23  south, 
ranges  19  and  20  (extended),  Cochise  County,  and  contains  an  area 
of  70  square  miles. 

Title. — Public  lands  of  the  United  States  reserved  for  military 
purposes  by  Executive  orders  of  October  29,  1881,  and  May  14,  1883. 

Easement. — Right  of  way  through  the  reservation  granted  to  the 
El  Paso  &  Southwestern  Railroad  Co.  by  act  of  Congress  approved 
April  27,  1912  (37  Stat.,  92). 

Revocable  licenses. — September  2,  1904,  to  Louis  Ma  Wing  to  con- 
duct a  restaurant  business  upon  the  reservation,  heretofore  conducted 
by  him  under  permission  of  the  post  commander. 

September  2,  1904,  to  Wing  Sing  to  conduct  a  laundry  business 
upon  the  reservation,  heretofore  conducted  by  him  under  permission 
of  the  post  commander. 

September  2,  1904,  to  Ma  Yu  to  conduct  a  laundry  business  upon 
the  reservation,  heretofore  conducted  by  him  under  permission  of 
the  post  commander. 


ARIZONA.  19 

September  2,  1904,  to  O.  Cozby  to  conduct  a  photographic  business 
upon  the  reservation,  heretofore  conducted  by  him  under  permission 
of  the  post  commander. 

February  27,  1909,  to  the  Department  of  Agriculture  to  construct 
a  drift  fence  across  the  northwestern  corner  of  the  reservation. 

November  4,  1913,  to  the  El  Paso  &  Southwestern  Kailroad  Co.  to 
construct  and  maintain  a  spur  track  on  the  reservation. 

June  23,  1914,  to  the  El  Paso  &  Southwestern  Railroad  Co.  to  ex- 
tend a  spur  track  from  its  right  of  way  on  the  reservation  to  the  hay 
shed  at  the  post. 

May  4,  1915,  to  Richard  M.  Johnson  to  install  dairy  and  sell  dairy 
products  on  the  reservation. 

Jurisdiction. — See  "  General  act  of  cession." 


MILITIA   TARGET  RANGES. 


Buckeye. — This  range  is  situated  in  Maricopa  County  and  com- 
prises the  E.  J  of  sec.  19  and  E.  J  of  sec.  30,  T.  1  N.,  R.  3  W.,  Gila  and 
Salt  River  meridian,  containing  640  acres. 

Title. — Reserved  for  military  purposes  for  the  use  of  the  National 
Guard  of  Arizona  as  a  target  range,  by  Executive  order  of  April  9, 

1910  (No.  1187). 

Douglas. — This  reservation  is  situated  in  Cochise  County  and 
comprises  sec.  10,  T.  24  S.,  R.  28  E.,  Gila  and  Salt  River  meridian, 
containing  640  acres. 

Title. — Reserved  for  military  purposes  for  use  of  the  National 
Guard  of  Arizona  as  a  rifle  range,  by  Executive  order  of  February 
19,  1915  (No.  2138). 

Flagstaff. — This  range  is  situated  in  Coconino  County  and  com- 
prises the  E.  4  of  sec.  10  and  the  SW.  J  of  sec.  11  and  the  NW.  J  of 
sec.  14,  T.  21  N.,  R.  7  E.,  Gila  and  Salt  River  meridian,  containing  an 
aggregate  area  of  640  acres. 

Title. — Reserved  for  military  purposes  for  use  of  the  National 
Guard  of  Arizona  as  a  target  range,  by  Executive  order  of  March  14, 

1911  (No.  1315). 

Florence. — This  range  is  situated  in  Pinal  County,  in  T.  4  S.,  R.  9 
E.,  and  4  S.,  R.  10  E.,  Gila  and  Salt  River  meridian,  and  contains 
6,161.12  acres. 

Title. — Reserved  for  military  purposes  for  use  of  the  National 
Guard  of  Arizona  as  a  rifle  range,  by  Executive  order  of  October  28, 

1912  (No.  1633). 

Mesa. — This  range  is  situated  in  Maricopa  County  and  comprises 
sees.  4  and  5,  T.  1  N.,  R.  6  E.,  Gila  and  Salt  River  meridian,  contain- 
ing, respectively,  640.12  acres  and  638.48  acres. 

Title. — Reserved  for  military  purposes  for  the  use  of  the  National 
Guard  of  Arizona  as  a  rifle  range,  by  Executive  order  dated  August 
20,1910  (No.  1238). 

Phoenix. — This  range  is  situated  in  Maricopa  County  and  com- 
prises the  SE.  i  of  sec.  32  and  the  SW.  J  of  sec.  33,  T.  2  N.,  R.  4  E., 
containing  320  acres. 

Title. — The  tracts  comprising  this  range  were  restored  to  the  public 
domain,  in  so  far  as  affected  by  certain  withdrawals  for  the  reclama- 
tion service,  by  order  of  the  Secretary  of  the  Interior  dated  May  11, 


20  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

1909,  and  were  reserved  for  use  as  a  rifle  range  for  the  militia  of  the 
Territory  of  Arizona. 

Wilmot. — This  range  is  situated  in  Pima  County  and  comprises 
sees.  19,  30,  and  31,  T.  14  S.,  R.  15  E.,  and  sees.  1  and  12,  T.  15  S.,  R. 
14  E.,  Gila  and  Salt  River  meridian,  containing  an  approximate  area 
of  3,200  acres. 

Title. — 1.  Sections  19,  30,  and  31,  supra,  reserved  for  use  by  the 
Organized  Militia  of  the  Territory  of  Arizona  as  a  rifle  range,  by 
Executive  order  of  November  13,  1909  (No.  1136). 

2.  Sections  1  and  12,  supra,  reserved  for  military  purposes  for  use 
of  the  National  Guard  of  Arizona  as  a  rifle  range,  by  Executive  order 
of  January  30, 1915  (No.  2131) .  section  1  being  reserved  by  said  order 
subject  to  the  right  of  way  of  the  Southern  Pacific  Railroad  Co.  of 
Arizona,  and  section  12  to  the  right  of  way  of  the  El  Paso  &  South- 
western Railroad  Co. 

Yuma. — This  range  is  situated  in  Yuma  County  and  comprises  the 
NW.  J  and  the  W.  J  of  the  SW.  J  of  sec.  11,  T.  9  S.,  R.  23  W.,  Gila  and 
Salt  River  meridian,  containing  240  acres. 

Title. — Reserved  for  military  purposes  for  use  of  the  National 
Guard  of  Arizona,  by  Executive  order  of  October  19, 1910  (No.  1255). 

WHIPPLE  BARRACKS. 

This  reservation  is  situated  in  township  14  north,  range  2  west, 
1  mile  from  Prescott,  in  Yavapai  County,  and  contains  an  area  of 
1,731.55  acres. 

Title. — Public  land  of  the  United  States,  reserved  by  Executive 
order  dated  August  31,  1869,  as  modified  by  Executive  order  of 
October  19,  1875.  (See  G.  O.  34,  Dept.  Arizona,  Nov.  23,  1875, 
relocating  and  giving  boundaries  of  reservation.) 

Easements. — Act  of  Congress,  approved  February  28,  1887  (24 
Stat.,  433),  granted  a  right  of  way  across  the  reservation  to  the  Pres- 
cott &  Arizona  Central  Railway  Co. 

Act  of  Congress  approved '  February  18,  1893  (27  Stat.,  462), 
granted  a  right  of  way  across  the  reservation  to  the  Santa  Fe,  Pres- 
cott &  Phoenix  Railway  Co. 

Revocable  licenses. — June  15,  1895,  to  Private  Richard  L.  Tea, 
retired,  to  construct,  maintain,  and  use  a  one-room  frame  house  on 
the  reservation. 

^  April  10. 1896,  to  the  Western  Union  Telegraph  Co.,  to  construct  a 
line  through  the  reservation  adjacent  to  the  right  of  way  of  the  Santa 
Fe,  Prescott  &  Phoenix  Railroad. 

May  17,  1898,  to  T.  E.  Fitzsimmons,  to  dig  dirt  from  a  portion  of 
the  reservation  for  the  purpose  of  making  brick. 

September  7,  1904,  to  Mrs.  Teresa  Greenwood,  to  occupy  one-story 
frame  house  and  outbuildings. 

June  26,  1905,  to  the  Prescott  &  Mount  Union  Railway  Co.  to  con- 
struct and  maintain  a  line  of  electric  railway. 

September  23,  1905,  to  Mr.  Charles  Bauer  to  occupy,  improve,  and 
maintain  an  existing  dwelling  house. 

March  17, 1906,  to  the  Prescott  Electric  Co.,  to  maintain  and  operate 
its  existing  telephone  line. 

December  4,  1909,  to  The  Arizona  Power  Co.  for  tower  electric 
transmission  line. 


ARKANSAS.  21 

April  9,  1912,  to  The  New  State  Construction  Co.  (Inc.),  to  con- 
struct and  maintain  telephone  line  across  reservation. 
Jurisdiction. — See  "  General  act  of  cession." 

WHIPPLE  BARRACKS  TARGET  RANGE. 

This  reservation  is  situated  in  Yavapai  County  and  contains  ap- 
proximately 1,680  acres. 

Title. — 1.  Set  apart  and  declared  a  reservation  for  military  pur- 
poses by  Executive  order,  dated  August  18,  1904.  (G.  O.  154.  W.  D., 
Sept.  16,  1904.) 

2.  Quitclaim  deed  from  the  Sante  Fe  &  Pacific  Railway  Co.,  dated 
April  29,  1904,  conveying  760  acres. 

3.  About  40  acres  were  added  to  this  reservation  by  deed  dated 
December  8,  1904,  from  John  H.  Smith,  bachelor,  and  from  the  city 
of  Prescott;  recorded  in  book  69  of  deeds,  pages  439-441,  records  of 
Yavapai  County,  Ariz. ;  conveying  NW.  J  of  SW.  i  of  sec.  2,  T.  14  N., 
R.  2  W.,  Gila  and  Salt  River  Meridian.    (See  G.  O.  13,  W.  D.,  Febru- 
ary 2,  1905.) 

Revocable  license. — April  9, 1912,  to  the  New  State  Construction  Co. 
(Inc.),  to  construct  and  maintain  a  telephone  line  across  the  reserva- 
tion. 

Jurisdiction. — See  "  General  act  of  cession." 

ARKANSAS. 

'  ARMY  AND  NAVY  GENERAL  HOSPITAL. 

This  reservation  is  situated  at  Hot  Springs,  and  contains  20  acres. 

Title. — It  was  acquired  by  the  Interior  Department  under  acts  of 
Congress  of  March  3,  1877  (19  Stat,  371),  December  16,  1878  (20  id., 
258),  and  June  16, 1880  (21  id.,  289).  By  act  of  Congress  of  June  30, 
1882  (22  id.,  121),  making  an  appropriation  for  an  "Army  and  Navy 
Hospital  at  Hot  Springs,  Arkansas,"  it  was  provided  that  "  such  hos- 
pital shall  be  erected  on  the  Government  reservation  at  or  near  Hot 
Springs,  Arkansas." 

Jurisdiction. — Ceded  over  this  reservation  by  act  of  the  State  legis- 
lature, approved  February  21,  1903  (sec.  3475,  Digest  of  State  of  Ar- 
kansas, 1904).  The  cession  embraces  a  portion  of  the  Interior  De- 
partment's "  Hot  Springs  Mountain  Reservation,"  within  the  limits 
of  which  portion  the  Army  and  Navy  Hospital  Reservation  is  situated. 

FAYETTEVILLE  NATIONAL  CEMETERY. 

This  reservation  is  situated  near  Fayetteville,  in  Washington 
County,  and  contains  an  area  of  6.63  acres. 

Title.— Tract  A.  Deed  from  David  Walker,  dated  May  20,  1867, 
and  recorded  May  27,  1867,  in  deed  record  Q,  page  268,  of  the  records 
of  deeds  at  Fayetteville,  Washington  County. 

Tract  B.  Deed  from  Stephen  K.  Stone  and  wife,  dated  June  14, 
1867,  and  recorded  July  26,  1867,  in  deed  record  Q,  page  341,  of  same 
records. 

Tract  C.  Deed  from  David  Walker,  dated  March  2,  1875,  and  re- 
corded May  14, 1875,  in  deed  record  Y,  page  413,  of  same  records. 


22 

Tract  D.  Deed  from  Stephen  K.  Stone  and  wife,  dated  April  8, 
1873,  and  recorded  August  27,  1873,  in  deed  record  X,  page  195,  of 
same  records.  Deed  from  Stephen  K.  Stone  and  wife,  dated  February 
3, 1875  (rectifying  mistake  in  deed  of  April  8, 1873),  recorded  March 
16, 1875,  in  deed  record  Y,  pages  315-316,  of  same  records. 

Revocable  licenses. — November  23,  1907,  to  the  city  of  Fayetteville, 
Ark.,  to  lay  and  maintain  a  sewer  main  along  the  Government  ap- 
proach roadway. 

August  24,  1912,  to  the  Kansas  City  &  Memphis  Railway  Co.,  to 
extend  its  main  line  across  the  Government  approach  roadway. 

October  9,  1912,  to  R.  L.  Vaughan,  to  lay  a  ^-inch  water  pipe 
along  and  a  4-inch  sewer  pipe  across  the  Government  approach  road- 
way. 

March  28,  1913,  to  Duggan  Bros.,  to  lay  a  J-inch  water  pipe  line 
inside  of  the  riprap  on  the  west  side  of  the  Government  approach 
roadway. 

August  24,  1913,  to  the  city  water  plant  to  lay  a  4-inch  water  main 
across  the  Government  approach  roadway  and  along  the  west  side 
thereof. 

Jurisdiction. — Ceded  over  national  cemeteries  by  the  following  act 
of  the  State  legislature,  approved  February  21, 1867,  as  follows: 

An  act  concerning  national  cemeteries :  Whereas  by  a  resolution  of  Congress 
approved  April  13,  1866,  the  Secretary  of  War  was  authorized  and  required  to 
take  immediate  measures  to  preserve  from  desecration  the  graves  of  the  soldiers 
of  the  United  States  who  fell  in  battle,  or  died  of  disease  in  the  field,  and  in  the 
hospital,  during  the  war  of  the  rebellion,  and  to  secure  suitable  burial  places 
in  which  they  may  be  properly  interred ;  And  Whereas,  the^Secretary  of  Wai- 
ls about  to  purchase  suitable  grounds  within  the  limits  of  this  State  for  the 
establishment  thereon  of  "  National  Cemeteries,"  within  which  are  to  be  buried 
the  bodies  of  those  described  in  said  resolution,  And  \\'hcrc(is,  It  is  provided 
in  Paragraph  1059,  United  States  Army  Regulations  as  revised  A.  D.  1863,  that 
previous  to  the  expenditure  of  any  money,  in  the  purchase  of  any  land  within 
any  State  jof  the  United  States  for  the  use  of  the  General  Government,  the  legis- 
lature of  the  State  within  which  such  purchase  shall  be  made,  shall  first  cede 
all  jurisdiction  over  such  land. 

SECTION  1.  Be  it  therefore  enacted,  etc.,  That  the  jurisdiction  of  this  State 
within  and  over  all  lands  purchased  by  the  United  States,  on  which  such  Na- 
tional Cemeteries  may  be  established  within  the  limits  of  this  State,  shall  be 
and  the  same  is  hereby  ceded  to  the  United  States  so  far  as  the  permanent  in- 
closures  of  such  National  cemeteries  may  extend  and  no  farther. 

HOT  SPRINGS  RESERVATION. 

See  "Army  and  Navy  General  Hospital." 

LITTLE   ROCK    NATIONAL    CEMETERY. 

This  reservation  is  situated  near  Little  Rock,  in  Pulaski  County, 
and  is  a  part  of  the  SE.  £  of  Sec.  11,  T.  1  N.,  R.  12  W.  It  contains 
an  area  of  approximately  23.12  acres. 

Title.— I.  Deed  from  the  city  of  Little  Rock,  dated  September  18, 
1866,  conveying  9.10  acres  within  the  inclosure  of  Oakland  Cemetery. 
Deed  not  recorded. 

2.  Deed  from  the  city  of  Little  Rock,  dated  April  9,  1868,  em- 
braces the  9.10  acres  above  described  as  purchased  September  18; 
1866,  together  with  3.02  acres,  making  a  total  of  12.12  acres.  Re- 
corded January  7,  1869,  in  record  book  No.  2,  pages  302-306,  of  the 
deed  records  of  Little  Rock,  Pulaski  County. 


ARKANSAS.  23 

3.  Deed  from  the  city  of  Little  Rock,  dated  June  9, 1913,  conveying 
approximately  11  acres  adjoining  the  reservation  on  the  west  and 
comprising  the  Confederate  Cemetery.  Accepted  on  behalf  of  the 
United  States  by  the  Secretary  of  War  by  authority  of  act  of  Con- 
gress approved  February  7,  1913  (37  Stat.,  663).  Recorded  in  book 
114,  page  135,  of  the  deed  records  of  Pulaski  County. 

Jurisdiction. — See  "  Fayetteville  National  Cemetery." 

FORT  LOGAN  H.  ROOTS. 

This  reservation  is  situated  near  Little  Rock,  in  Pulaski  County, 
and  is  a  part  of  sees.  20,  21,  28,  and  29,  T.  2  N.,  R.  12  W.  After 
deducting  reserved  tracts  and  20.75  acres  conveyed  by  the  Secretary 
of  War  to  the  Big  Rock  Stone  &  Construction  Co.  under  authority 
of  the  act  of  Congress  approved  August  14,  1912  (37  Stat.,  310).  it 
contains  an  area  of  1,049.25  acres.  The  reservation  was  designated 
"  Fort  Logan  H.  Roots  "  by  direction  of  the  President  April  27,  1897. 

Title. — Deed  from  board  of  improvements  for  city  park,  district  of 
Little  Rock,  Ark.,  dated  February  13,  1893.  Recorded  in  deed  book 
38,  page  613.  deed  records  of  Pulaski  County.  Purchased  under  au- 
thority of  act  of  Congress  entitled  "An  act  to  establish  a  military 
post  near  Little  Rock,  Ark.,"  approved  April  23,.  1892  (27  Stat.,  20). 

Easement. — A  condition  of  the  conveyance  from  the  board  of  im- 
provement reserved  a  right  of  way  for  a  public  highway  and  a  rail- 
road switch.  Definite  location  of  railroad  switch  approved  by  the 
Secretary  of  War  August  26,  1903. 

Revocable  licenses. — October  29,  1896,  to  the  Home  Water  Co..  to 
enter  upon  the  reservation  and  lav  a  6-inch  water  main. 

September  20,  1905,  to  the  Big  Rock  Stone  &  Construction  Co.,  to 
occupy  a  small  strip  of  land  adjoining  its  property  on  the  reservation 
and  operate  a  stone  crusher. 

June  23,  1906,  to  the  Southwestern  Telegraph  &  Telephone  Co.,  to 
erect  and  maintain  poles,  wires,  etc.,  for  furnishing  telephone  service 
to  the  post. 

June  23,  1906,  to  the  Southwestern  Telegraph  &  Telephone  Co..  to 
erect  and  maintain  poles,  wires,  etc.,  upon  the  reservation  for  furnish- 
ing telephone  service  to  the  Big  Rock  Stone  &  Construction  Co. 

Jurisdiction. — The  consent  to  the  purchase  of  and  jurisdiction  over 
said  lands  was  ceded  to  the  United  States  by  an  act  of  the  State  legis- 
lature approved  February  25,  1893,  which  provides  as  follows: 

SECTION  1.  The  consent  of  the  State  of  Arkansas  is  hereby  granted  to  the 
United  States  of  America  to  purchase  or  acquire  real  property  of  not  more  than 
fifteen  hundred  acres  in  extent,  in  Pulaski  County,  in  said  State,  for  the  purpose 
of  a  military  post,  fort,  arsenal  or  reservation. 

SEC.  2.  Exclusive  jurisdiction  over  such  military  post,  fort,  arsenal  or  reserva- 
tion, and  the  territory  thereof,  is  hereby  ceded  and  granted  to  the  said  United 
States  to  be  exercised  so  long  as  the  same  shall  remain  the  property  of  the  said 
United  States. 

SEC.  3.  The  State  of  Arkansas  hereby  releases  and  relinquishes  her  right  to 
tax  said  site  and  all  improvements  thereon  during  the  time  the  said  United 
States  shall  be  and  remain  the  owner  thereof ;  Provided,  That  this  grant  of 
jurisdiction  shall  not  prevent  the  execution  of  any  process  of  the  State,  civil  or 
criminal,  on  any  person  who  may  be  on  said  reservation  or  premises.  (Acts  of 
Arkansas,  1893,  p.  52.) 


24  UNITED   STATES   MILITAKY   KESERVATIONS,  ETC. 

FORT  SMITH  NATIONAL  CEMETERY. 

This  reservation  is  situated  near  Fort  Smith,  in  Sebastian  County 
(formerly  a  part  of  Crawford  County),  and  contains  an  area  of  14 
acres  and  32,123.7  square  feet. 

Title. — Deed  from  John  Rogers  and  wife,  dated  June  17,  1838,  con- 
veying 306  acres,  and  recorded  in  the  office  of  the  clerk  of  the  circuit 
court  and  recorder  of  Crawford  County  June  18,  1838.  (Book  and 
page  not  given.)  Sebastian  County  having  been  organized  to  include 
this  part  of  Crawford  County  since  the  date  of  said  deed,  consult 
records  of  deeds  of  Sebastian  County  at  Fort  Smith  also.  The  above 
lands  ordered  transferred  to  the  Secretary  of  the  Interior  as  a  part 
of  the  public  domain  for  disposition  under  the  land  laws.  (See  act 
of  Congress  approved  Feb.  24, 1871, 16  Stat.,  430. )  Fifteen  acres  were 
reserved  from  the  sale  and  restored  to  the  custody  of  the  War  De- 
partment May  22, 1871. 

Under  authority  of  act  of  Congress  approved  February  17, 1911  (36 
Stat.,  917),  the  Secretary  of  War,  by  deed  dated  May  5, 1911,  conveyed 
to  the  city  of  Fort  Smith,  Ark.,  a  portion  of  the  reservation.  Area 
of  premises  conveyed,  11,436.3  square  feet. 

Jurisdiction. — See  "  Fayetteville  National  Cemetery." 

CALIFORNIA. 

GENERAL  ACTS  OF  CESSION. 

The  people,  <&c.,  do  enact  as  follows: 

SECTION  1.  The  State  of  California  hereby  cedes  to  the  United  States  of 
America  exclusive  jurisdiction  over  all  lands  within  this  State  now  held,  occu- 
pied, or  reserved  by  the  Government  of  the  United  States  for  military  purposes 
or  defence,  or  which  may  hereafter  be  ceded  or  conveyed  to  said  United  States 
for  such  purposes ;  Provided,  That  a  sufficient  description  by  metes  and  bounds 
and  a  map  or  plat  of  such  lands  be  filed  in  the  proper  office  of  record  in  the 
county  in  which  the  same  are  situated ;  And  provided  further,  That  this  State 
reserves  the  right  to  serve  and  execute  on  said  lands  all  civil  process,  not  in- 
compatible with  this  cession,  and  such  criminal  process  as  may  lawfully  issue 
under  the  authority  of  this  State  against  any  person  or  persons  charged  with 
crimes  committed  without  said  lands.  (Approved  Mar.  2,  1897.  Cal.  Stats., 
1897,  p.  51.) 

SECTION  1.  All  the  right  and  title  of  the  State  of  California  in  and  to  the  par- 
cels of  land  extending  from  high-water  mark  out  to  three  hundred  yards  beyond 
low-water  mark,  lying  adjacent  and  contiguous  to  such  lands  of  the  United 
States  in  this  State  as  lie  upon  tidal  waters  and  are  held,  occupied,  or  reserved 
for  military  purposes  or  defense,  lying  adjacent  and  contiguous  to  any  island, 
the  title  to  which  is  in  the  United  States,  or  which  island  is  reserved  by  the 
United  States  for  any  military  or  naval  purposes  or  for  defense,  are  hereby 
granted,  released,  and  ceded  to  the  United  States  of  America ;  the  boundaries  of 
each  parcel  of  land  hereby  granted,  released,  and  ceded  to  the  United  States  to 
be  a  line  along  high-water  mark,  a  line  three  hundred  yards  out  beyond  low- 
water  mark,  and  lines  at  right  angles  to  high-water  mark  at  the  points  where 
the  boundaries  of  the  adjacent  lands  of  the  United  States  touch  high-water 
mark :  Provided,  That  the  title  to  each  parcel  of  land  hereby  granted,  released, 
and  ceded  to  the  United  States  shall  be,  and  remain  in  the  United  States  only 
so  long  as  the  United  States  shall  continue  to  hold  and  own  the  adjacent  lands 
now  belonging  to  the  United  States:  And  provided  further,  That  this  State 
reserves  the  right  to  serve  and  execute  on  said  lands  all  civil  process,  not  in- 
compatible with  this  cession,  and  such  criminal  process  as  may  lawfully  issue 
under  the  authority  of  this  State  against  any  person  or  persons  charged  with 
crimes  committed  without  said  lands.  (Approved  Mar.  9,  1897;  Cal.  Stats., 
1897,  p.  74.) 


CALIFORNIA.  25 

ALCATRAZ  ISLAND. 

This  reservation  is  situated  in  San  Francisco  Bay,  4  miles  northeast 
of  the  eity  of  San  Francisco,  and  comprises  the  entire  island,  con- 
taining about  12  acres. 

Title. — Part  of  the  public  domain  reserved  "  for  public  purposes  " 
by  Executive  order  dated  November  6,  1850.  Title  to  certain  tide- 
water lands,  etc.,  ceded  by  act  of  the  State  legislature  of  March  9, 
1897. 

Erection  of  lighthouse  on  this  island  authorized  by  act  of  Congress 
approved  September  28,  1850  (9  Stat,  503). 

Jurisdiction. — Ceded  by  act  of  the  State  legislature  approved 
March  2, 1897,  for  which  see  "  General  acts  of  cession." 

Description  by  metes  and  bounds  and  map  of  reservation  filed  as 
required  by  said  act. 

FORTS  BAKER  AND  BARRY. 

These  reservations  are  situated  on  and  embrace  the  north  side  of 
the  Golden  Gate,  or  entrance  to  the  harbor  of  San  Francisco,  in 
Marin  County,  and  contain  1,905.16  acres.  With  the  exception  of  5.5 
acres  at  Tennessee  Point  and  right  of  way  acquired  in  1914  (see 
" 2  "  infra),  metes  and  bounds  of  the  reservation  are  as  announced  in 
G.  O.  43,  W.  D.,  March  30, 1908. 

By  G.  O.  194,  W.  D.,  December  27,  1904,  Fort  Baker  was  divided 
by  "  the  true  north  and  south  line  running  through  Point  Diablo  " — 
the  eastern  portion  to  retain  the  name  of  Fort  Baker  and  the  western 
portion  (known  as  Point  Bonita)  to  be  named  Fort  Barry,  in  honor 
of  Brevet  Maj.  Gen.  William  F.  Barry,  United  States  Army,  who 
died  July  18, 1879. 

Title. — 1.  Deed  from  Samuel  R.  Throckmorton  dated  July  24, 
1866,  conveying  1,899.66  acres.  Eecorded  in  liber  F,  pages  127-130, 
of  the  deed  records  of  Marin  County. 

2.  Deed  from  Antoine  Borel  and  Gracie  Borel,  his  wife,  dated  May 
4,  1914,  conveying  5.5  acres  at  Tennessee  Point,  and  a  right  of  way 
30  feet  in  width  leading  therefrom  to  Fort  Barry.  Recorded  in  liber 
160,  page  173,  of  same  records. 

See  also  act  of  State  legislature  approved  March  9, 1897,  as  to  lands 
below  high-water  line. 

Easement. — By  act  of  Congress,  approved  July  2,  1894  (28  Stat., 
98),  the  citizens  of  the  town  of  Sausalito  were  granted  the  right  to 
occupy  and  improve  for  the  purposes  of  a  roadway  a  certain  portion 
of  the  reservation.  The  Secretary  of  War  approved  the  plans  and 
specifications  and  designated  the  location  of  the  proposed  work, 
October  9,  1894. 

Revocable  licenses. — November  29, 1879,  to  Coast  and  Geodetic  Sur- 
vey to  occupy  site,  containing  1  acre,  more  or  less,  for  tide  gauge- 
keeper's  dwelling  and  garden. 

March  5,  1903,  to  Treasury  Department  to  use  extreme  southern 
part  of  Point  Bonita  for  Lighthouse  Establishment. 

July  18,  1905,  to  the  United  States  Life-Saving  Service  to  dig  a 
well  and  locate  a  shelter  and  engine  for  the  purpose  of  supplying 
the  Point  Bonita  life-saving  station  with  water. 


26  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

June  2,  1911,  to  Treasury  Department  to  construct  boathouse  and 
launchway  for  the  Life-Saving  Service  on  the  reservation. 

September  16,  1911,  to  the  Pacific  Telephone  &  Telegraph  Co.  to 
change  the  location  of  its  cable  landing  on  the  reservation  as  author- 
ized by  license  of  August  18,  1909.  (See  License  August  18,  1909.  to 
said  company  under  Presidio  of  San  Francisco.)  Eelocation  of  cable 
landing  and  pole  lines  on  the  reservation  authorized  by  the  Secretary 
of  War  March  31,  1913. 

November  25, 1911,  to  Department  of  Commerce  and  Labor  to  con- 
struct a  sewer  for  the  light-house  buildings  on  the  reservation. 

July  3,  1912,  to  Great  Western  Power  Co.  (See  Presidio  of  San 
Francisco.) 

September  23,  1912,  to  the  Department  of  Commerce  and  Labor  to 
extend  a  pipe  line  from  the  Marin  County  Water  Company's  system 
across  the  reservation. 

September  2,  1915,  to  the  Pacific  Gas  and  Electric  Company  to 
erect  and  maintain  pole  line  for  the  transmission  of  electric  current, 
and  a  small  cable  house. 

Jurisdiction. — The  State  legislature  ceded  jurisdiction  over  these 
reservations  by  act  approved  April  16, 1859,  as  follows: 

SECTION  1.  Jurisdiction  is  hereby  ceded  to  the  United  States  over  any  such 
tract  or  tracts  of  land  at  or  near  Lime  Point  Bluff,  on  the  northern  side  of  the 
harbor  of  San  Francisco,  as  may  be  acquired  by  the  United  States  for  the  pur- 
pose of  Military  defence,  and  over  all  the  contiguous  shores,  flats,  and  waters, 
within  five  hundred  yards  from  low-water  mark;  Provided,  That  this  State  shall 
retain  a  concurrent  Jurisdiction  with  the  United  States,  in  and  over  the  premises 
in  question,  so  far  as  that  all  civil  processes,  not  incompatible  with  the  full  con- 
stitutional authority  of  the  United  States,  and  criminal  process  as  may  lawfully 
issue  under  the  authority  of  this  State,  against  any  person  or  persons  charged 
with  crimes  committed  without  the  premises  aforesaid,  may  be  executed  therein, 
in  the  same  way  and  manner  as  if  Jurisdiction  had  not  been  ceded  as  aforesaid, 
except  so  far  as  such  process  may  affect  the  real  or  personal  property  of  the 
United  States. 

SEC.  2.  The  premises  over  which  Jurisdiction  is  ceded  by  this  Act,  and  all 
structures  and  other  property  thereon,  belonging  to  the  United  States,  shall  be 
exonerated  and  discharged  from  all  taxes  and  assessments  which  may  be  laid 
or  imposed  under  the  authority  of  this  State,  while  said  premises  shall  remain 
the  property  of  the  United  States,  and  shall  be  used  for  the  purposes  intended 
by  this  Act. 

Exclusive  jurisdiction  was  ceded  by  act  of  the  State  legislature, 
approved  March  2, 1897.  (See  "  General  acts  of  cession.") 

BENICIA  (RESERVATION  OF  POST  AND  ARSENAL). 

This  reservation  is  situated  on  Suisun  Bay,  in  the  Straits  of  Car- 
quinez,  in  Solano  County.  That  portion  set  apart  for  a  post  or  bar- 
racks contains  99.5  acres,  and  for  an  arsenal  252.36  acres ;  total  351.86 
acres. 

Title. — Reservation  for  military  purposes  declared  by  Executive 
order  dated  October  10,  1862.  Title  to  land  below  high- water  line 
ceded  by  the  State  March  9, 1897. 

An  attempt  was  made  to  convey  title  to  the  United  States  by— 

1.  Deed  from  Robert  Semple  and  wife  and  others,  dated  April  16, 
1849,  and  recorded  July  5,  1849,  in  book  C,  pages  295-296,  of  records 
by  L.  W.  Boggs,  alcalde  for  Sonoma.  Also  recorded  in  Benicia, 
November  19,  1849,  in  book  A,  pages  460-461,  of  the  records  of 
Solano  County. 


CALIFORNIA.  27 

2.  Deed  from  Mariano  G.  Vallejo  (deed  of  release),  dated  Decem- 
ber 27, 1854;  not  recorded. 

3.  Deed  of  release  from  Thomas  O.  Larkin,  dated  December  30, 
1864,  and  recorded  January  24,  1855,  in  book  I,  page  347,  of  the  deed 
records  of  Solano  County. 

4.  Deed  of  release  from  Bethnel  Phelps,  dated  January  20,  1855, 
and  recorded  January  20,  1855,  in  book  H,  pages  340-341,  of  same 
records. 

The  above-named  grantors  having  derived  title  by  deed  from  Gen- 
eral M.  G.  Vallejo,  who  claimed  it  under  the  so-called  "Suscol" 
grant  from  Mexico,  which  grant  Avas  rejected  by  the  Supreme  Court 
of  the  United  States  (U.  S.  v.  Vallejo,  66  U.  S.,  541),  could  pass  no 

food  or  valid  title  to  the  United  States.  The  fee  simple  was,  there- 
ore,  in  the  United  States  by  virtue  of  the  treaty  of  Guadalupe 
Hidalgo,  it  having  never  parted  with  it. 

Easements. — By  act  of  Congress  approved  May  24,  1876  (19  Stat., 
56),  a  conditional  right  of  way  through  the  reservation,  not  exceeding 
100  feet  in  width,  was  granted  to  the  Northern  Eailway  Co. 

By  authority  of  act  of  Congress  approved  July  5,  1884  (23  Stat., 
103),  the  Secretary  of  War,  on  June  9,  1914,  granted  permission  to 
the  board  of  supervisors  of  Solano  County  to  extend  the  public  high- 
way across  the  reservation. 

Jurisdiction. — See  "  General  acts  of  cession." 

Made  exclusive  and  certain  by  act  of  the  State  legislature  approved 
March  2,  1897.  Description  by  metes  and  bounds  and  map  of  reser- 
vation filed  as  required  by  said  act. 

THE  BROTHERS  AND  SISTERS  AND  MARIN  ISLANDS. 

The  description  and  situation  of  these  islands  are  as  follows : 

"  The  Brothers  "  consist  of  two  rocky  islets,  having  a  channel  be- 
tween them,  situated  near  Point  San  Pablo. 

"  The  Sisters  "  consist  of  two  small  islands  near  Point  San  Pedro. 

"  The  Marin  Islands  "  consist  of  two  rocky  islets,  having  a  channel 
between  them,  and  are  situated  west  of  "The  Brothers"  at  the  en- 
trance to  San  Pablo  Bay. 

All  commanding  the  entrance  to  San  Pablo  Bay.    Area  unknown. 

Title. — Part  of  the  public  domain,  and  reserved  for  military  pur- 
poses by  Executive  order  dated  October  25, 1867. 

See  act  of  State  legislature  of  March  9,  1897,  as  to  tide-water 
lands,  etc. 

Lease. — April  5,  1913,  to  W.  B.  Paulsen,  for  five  years,  from  April 
15,  1913,  of  the  Marin  Islands  reservation  for  farming  and  grazing 
purposes. 

Revocable  license. — February  28,  1873,  to  Treasury  Department  to 
use  the  easterly  island  of  "The  Brothers"  for  lighthouse  purposes. 

Jurisdiction. — See  "  General  acts  of  cession." 

CORONADO  BEACH. 

This  reservation  is  situated  If  miles  southeast  of  Coronado  Beach, 
on  San  Diego  Peninsula  or  Island,  a  sand  spit  whose  connection  with 
the  mainland  is  frequently  breached  during  high  tides,  and  contains 
40.63  acres. 


28  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

Title. — Deed  from  the  Coronado  Beach  Co.,  dated  February  9, 
1897,  conveying  40.63  acres.  Recorded  in  book  262,  page  145,  of  the 
records  of  San  Diego  County. 

Revocable  license. — March  21,  1914,  to  the  State  of  California,  to 
occupy  the  reservation  and  to  construct  and  maintain  thereon  a  target 
range  for  the  use  of  the  National  Guard  of  the  State. 

Jurisdiction. — See  "  General  acts  of  cession." 

DEAD  MAN'S   ISLAND. 

This  reservation  is  situated  in  Los  Angeles  Harbor.  It  was  sur- 
veyed as  lot  No.  1,  sec.  19,  T.  5  S.,  R.  13  W.,  San  Bernardino  meridian 
of  California  (Dead  Man's  Island). 

Title. — Part  of  public  domain  and  reserved  for  military  and  other 
purposes  by  Executive  order  dated  March  15,  1872. 

See  also  act  of  State  legislature  approved  March  9,  1897,  under 
"General  acts  of  cession"  as  to  title  to  the  submerged  lands  con- 
tiguous to  the  reservation. 

By  deed  dated  September  3,  1915X  under  authority  of  act  of  Con- 
gress approved  July  25,  1912  (37  Stat.,  220),  the  Secretary  of  War 
conveyed  to  the  city  of  Los  Angeles,  Cal.,  in  exchange  for  an  equal 
area  of  submerged  lands  of  said  city  lying  adjacent  to  the  submerged 
lands  in  front  of  the  San  Pedro  Reservation,  9.75  acres  more  or  less 
of  the  submerged  lands  contiguous  to  this  reservation. 

By  Executive  order  No.  2029,  dated  August  26,  1914,  a  portion  of 
this  reservation  (6  acres)  was  transferred  to  the  Treasury  Depart- 
ment, and  set  aside  for  the  use  of  the  Public  Health  Service. 

Jurisdiction. — See  "  General  acts  of  cession." 

LACUNA   MERCED. 

This  reservation  is  situated  in  the  city  and  county  of  San  Fran- 
cisco, and  contains  41.4  acres. 

Title. — Decree  of  condemnation  for  41.4  acres,  in  the  Circuit  Court 
of  the  United  States  for  the  Northern  District  of  California,  in  cause 
No.  12908,  entitled  the  "  United  States  v.  The  Spring  Valley  Water 
Works  et  al."  Decree  rendered  May  29,  1901,  and  filed  the  same  day 
in  the  clerk's  office  of  said  court. 

Jurisdiction. — See  "  General  acts  of  cession." 

Description  by  metes  and  bounds  and  map  of  reservation  filed  as 
required  by  act  of  State  legislature  approved  March  2,  1897. 

FORT  MACARTHUR. 

This  reservation  is  situated  adjacent  to  the  city  of  Los  Angeles  in 
Los  Angeles  County  and  comprises,  exclusive  of  the  submerged  lands 
contiguous  thereto,  an  area  of  102.41  acres.  See  also  "  San  Pedro." 

Title.— Deed  from  William  G.  Kerckhoff  et  al.,  dated  April  2, 
1910,  conveying  several  tracts  aggregating  the  above  area.  Recorded 
in  book  4214,  page  147,  of  the  deed  records  of  Los  Angeles  County. 

Easement. — Right  of  way  reserved  by  said  deed  of  April  2,  1910, 
for  the  extension  of  Pacific  Avenue  across  a  portion  of  the  property 
conveyed  thereby,  with  right  to  use  the  same  for  a  public  highway 
and  to  construct,  operate,  and  maintain  thereon  a  street  railway. 


CALIFOBNIA.  29 

Jurisdiction. — See  "  General  acts  of  cession." 

Map  of  reservation  containing  description  thereof  by  metes  and 
bounds  filed  as  required  by  act  of  State  legislature  approved  March 
2,  1897. 

FORT  MCDOWELL. 

This  reservation  is  situated  on  Angel  Island,  in  San  Francisco  Bay, 
about  7  miles  to  the  northeast  of  the  city  of  San  Francisco,  and  con- 
tains nbout  640  acres. 

Title. — A  part  of  the  public  domain,  it  was  set  aside  "  for  public 
purposes"  by  Executive  order  dated  November  6,  1850.  A  claim 
having  been  set  up  to  the  island  by  private  individuals  and  dis- 
allowed, it  was  again  reserved  by  Executive  order  of  April  20,  1860. 
The  reservation  was  originally  known  as  "Angel  Island,"  its  name 
having  been  changed  to  "  Fort  McDowell "  by  G.  O.  43,  A.  G.  O., 
April  4,  1900. 

Title  to  certain  tidewater  lands  was  ceded  by  act  of  the  State 
legislature  approved  March  9,  1897. 

The  Secretary  of  War,  July  8,  1905,  and  April  6,  1909,  transferred 
to  the  Department  of  Commerce  and  Labor  two  parcels  of  land  on 
Angel  Island,  aggregating  about  14  acres,  for  the  purposes  of  an  im- 
migration detention  station. 

Revocable  licenses. — June  2,  1885,  to  the  Treasury  Department,  to 
use  a  portion  of  the  reservation  for  a  fog  station  and  keeper's 
dwelling. 

December  22,  1888,  to  Treasury  Department,  in  accordance  with 
act  of  August  1,  1888,  to  use  a  portion  of  the  reservation  known  as 
Hospital  Cove  on  Raccoon  Straits,  containing  about  10  acres,  as  a 
quarantine  station. 

September  13, 1904,  to  J.  D.  Givens,  to  maintain  and  occupy  for  the 
conduct  of  a  photographic  business,  the  temporary  building  erected 
by  him  upon  the  reservation. 

September  13,  1904,  to  The  Joint  Ticket  Agency,  Railroads  of  San 
Francisco,  to  conduct  a  railroad  ticket  office  and  express  office  upon 
the  reservation. 

March  22.  1905,  to  Mr.  Nathan  Price,  to. continue  the  business  of 
selling  vegetables  and  fruits,  in  the  building  erected  by  him  under 
authority  of  commanding  officer,  dated  November  15,  1901. 

August  5,  1909,  to  Mrs.  Elizabeth  G.  Randol,  to  occupy  for  resi- 
dential purposes,  and  maintain  therein  an  officers'  mess,  a  set  of 
officers'  quarters. 

April  14,  1910,  to  the  Department  of  Commerce  and  Labor,  to  land 
a  submarine  cable  on  the  reservation  and  construct  and  maintain  a 
light  line  thereon  to  the  immigration  station. 

October  23, 1914,  to  the  Department  of  Commerce,  to  install  electric 
lights  and  fog  signals  at  Points  Stuart  and  Blunt  on  Angel  Island. 

Jurisdiction. — See  "  General  acts  of  cession." 

Description  by  metes  and  bounds  and  map  of  reservation  filed  as 
required  by  act  of  State  legislature  approved  March  2,  1897. 

FORT  MASON. 

This  reservation  is  situated  at  Joint  San  Jose,  or  Black  Point,  on 
the  south  side  of  the  Bay  of  San  Francisco,  opposite  Alcatraz  Island, 


30  UNITED    STATES    MILITARY   RESERVATIONS,  ETC. 

and  is  within  the  limits  of  the  city  of  San  Francisco.  Aside  from 
the  submerged  lands  acquired  under  decrees  and  deeds  hereinafter 
specified  (area,  about  13  acres)  and  of  submerged  lands  covered  by 
act  of  March  9, 1897  (infra),  it  contains  about  55.5  acres. 

Title. — As  part  of  the  public  domain  it  was  reserved  by  Executive 
order,  dated  November  6,  1850.  It  was  modified  by  Executive  order, 
December  31, 1851,  and  further  modified  by  act  of  Congress  approved 
July  1,  1870.  (16  Stat,  186.)  See  also  act  of  State  legislature  ap- 
proved March  9,  1897,  ceding  title  to  tidewater  lands,  etc. 

About  13  acres  of  submerged  land  in  front  of  Fort  Mason,  lying 
between  the  original  "  Pueblo  line  "  and  the  northern  boundary  line 
of  the  city  and  county  of  San  Francisco  (see  G.  O.  2,  W.  D.,  Jan. 
8,  1910),  were  acquired  by  decree  in  condemnation  proceedings  and 
conveyances  as  follows: 

1.  Decree  of  condemnation  of  the  circuit  court  of  the  United 
States,  ninth  circuit,  northern  district  of  California,   in  the  case 
of  The  United  States  v.  Vanderbilt  et  al.,  rendered  February  3,  1909, 
covering  about  11  acres  conveyed  by  the  following  deeds: 

(a)  Deed  from  Theresa  Alice  Oelrichs,  dated  January  11,  1909, 
and  quitclaim  deed  of  James  S.  Angus,  dated  January  14,  1909,  con- 
veying about  1.66  acres ;  recorded  in  the  office  of  the  county  recorder 
"  New  Kecorded  Series,"  respectively,  in  liber  255  of  deeds,  page  167, 
and  liber  267,  page  37. 

(b)  Deed  of  Ellen  Dore  et  al.,  dated  January  22,  1909,  conveying 
about  9 J  acres ;  recorded  in  liber  269,  page  32,  of  same  records. 

2.  Decree  of  condemnation  in  same  cause,  rendered  September  3, 
1909,  covering  1.56  acres  of  submerged  lands,  also  following  deeds: 

(a)  Deed  from  George  L.  Sharpe  and  wife,  August  6,  1909,  con- 
veying 1.21  acres  of  lands  covered  by  said  decree.     Recorded  in  liber 
314,  page  325,  of  same  records. 

(b)  Deed  from  William  Giselman,  trustee,  dated  August  6,  1909, 
to  same  premises.     Recorded  in  liber  325,  page  193,  of  same  records. 

(c)  Deed  from  Elizabeth  B.  Fremont  et  al.,  dated  May  29,  1909, 
to  same  premises.     Recorded  in  liber  308,  page  361,  of  same  records. 

Resolution  of  the  board  of  supervisors  of  the  city  and  county  of 
San  Francisco,  approved  by  the  mayor  June  14,  1910,  granted  to  the 
United  States  permission  to  lay  and  maintain  an  8-inch  water  main 
in  Bay  and  Laguna  Streets  between  Fort  Mason  and  Presidio  Reser- 
vations. 

Easements. — By  act  of  Congress  approved  January  8,  1909  (35 
Stat.,  585) ,  the  Southern  Pacific  Co.  was  granted  a  right  of  way  across 
the  reservation. 

By  authority  of  act  of  Congress  approved  June  17,  1910  (36  Stat., 
534),  the  city  and  county  of  San  Francisco  was  granted  permission 
to  maintain  and  operate  a  pumping  station  on  the  reservation. 

By  authority  of  act  of  Congress  of  February  16,  1912  (37  Stat., 
629),  the  Panama-Pacific  International  Exposition  Co.  was  granted 
permission  on  April  22,  1912,  to  occupy  for  exposition  purposes  por- 
tions of  the  Fort  Mason  and  Presidio  Reservations. 

By  authority  of  act  of  Congress  approved  June  28,  1912  (37  Stat, 
186),  the  board  of  State  harbor  commissioners,  assignee  of  the 
Panama-Pacific  International  Exposition  Co.,  was  granted  a  right  of 
way  on  December  27, 1913,  for  a  railroad  and  tunnel  upon  and  across 
the  reservation. 


CALIFORNIA.  31 

Revocable  license. — March  30,  1914,  to  the  city  and  county  of  San 
Francisco,  to  construct,  maintain,  and  operate  an  electric  railway  on 
the  reservation. 

Jurisdiction. — See  "  General  acts  of  cession." 

Description  by  metes  and  bounds  and  map  of  reservation  filed  as 
required  by  act  of  State  legislature  approved  March  2, 1897. 

FORT  MILEY  (POINT  LOBOS). 

^  This  reservation  is  situated  in  the  city  and  county  of  San  Fran- 
cisco, near  the  Golden  Gate  Cemetery,  and  contains  54.05  acres,  with 
metes  and  bounds  as  announced  in  G.  O.  77,  W.  D.,  April  17,  1906. 
It  was  announced  as  a  subpost  of  the  Presidio  of  San  Francisco  in 
G.  O.  20,  Western  Division,  August  31, 1911. 

Title. — Decree  and  order  of  condemnation  for  coast  defenses  and 
fortifications  in  the  circuit  court,  ninth  circuit,  northern  district  of 
California,  dated  January  23,  1893,  in  case  of  the  United  States  v. 
The  city  and  county  of  San  Francisco,  etc.  Decree  filed  and  recorded 
in  the  office  of  the  county  recorder  of  the  city  and  county  of  San 
Francisco,  January  27,  1893,  and  recorded  in  liber  1548  of  deeds, 
page  100. 

A  right  of  way  for  a  sewer  outlet  was  conveyed  as  follows:  Deed 
from  Emma  L.  Merritt  and  W.  R.  H.  Adamson,  executors,  to  the 
United  States,  dated  March  17,  1902,  conveying  a  right  of  way. 
Recorded  in  liber  1936,  page  427,  of  the  records  of  the  city  and 
county  of  San  Francisco. 

A  right  of  way  for  new  sewer  between  Fort  Miley  and  the  Pacific 
Ocean,  at  a  point  known  as  "Lands  End,"  was  conveyed  by  Emma 
L.  Merritt,  executrix,  by  deed  dated  December  1,  1905;  recorded  in 
liber  2162,  deeds,  page  187,  of  same  records. 

Rights  of  way  for  telephone  and  mining  cables  or  conduits  to  con- 
nect reservation  with  Fort  Winfield  Scott  were  conveyed  by  deeds 
from  Spring  Valley  Water  Co.,  dated  December  10,  1908,  recorded  in 
liber  239,  deeds,  page  139.  and  from  the  Boston  Investment  Com- 
pany, dated  December  22,  1909,  recorded  in  liber  339,  page  351. 

Resolution  of  the  board  of  supervisors  of  the  city  and  county  of 
San  Francisco,  approved  by  the  mayor  December  16,  1908,  amended 
December  31,  1908,  granted  to  the  United  States  permission  to  lay 
and  maintain  in  connection  with  the  installation  of  a  fire-control 
system  for  the  defenses  of  San  Francisco  harbor  a  subterranean 
cable  across  the  city  cemetery,  and  along  certain  streets  between 
Fort  Miley  and  the  Presidio  Reservations. 

Jurisdiction. — See  "  General  acts  of  cession." 

Description  by  metes  and  bounds  and  map  of  reservation  filed 
as  required  by  act  of  State  legislature  approved  March  2,  1897. 

MOLATE  ISLAND    (RED  ROCK). 

This  island  is  situated  in  the  Bay  of  San  Francisco,  near  its  junc- 
tion with  the  Bay  of  San  Pablo,  in  Sec.  17,  T.  1  N.,  R  5  W.,  Mount 
Diablo  meridian,  and  contains  7.52  acres. 

Title. — Reserved  by  Executive  order,  dated  October  21,  1882.  See 
also  act  of  State  legislature,  approved  March  9,  1897,  as  to  tidewater 
lands,  etc. 

Jurisdiction. — See  "  General  acts  of  cession." 
12925°— 16 3 


32  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

FORT  PIO  PICO    (ZUNINGA  SHOAL  TRACT). 

This  reservation  is  situated  on  the  southwest  extremity  of  the 
peninsula  or  island  of  San  Diego,  a  sand  spit  whose  connection  with 
the  mainland  is  frequently  breached  during  high  tides,  and  contains 
57.41  acres.  It  was  named  "  Fort  Pio  Pico  "  in  honor  of  Pio  Pico, 
governor  of  California  under  Mexican  sovereignty,  by  G.  O.  20, 
W.  D.,  January  25,  1906.  (See  also  Coronado  Beach.) 

Title. — 1.  Decree  of  condemnation  for  18.85  acres  in  cause  314, 
entitled  "The  United  States  v.  The  Coronado  Beach  Company  et 
al."  in  the  circuit  court  of  the  United  States  for  the  southern  dis- 
trict of  California.  Decree  rendered  June  22,  1892,  and  filed  the 
same  day  in  the  clerk's  office  of  said  court. 

2.  Deed  from  the  Coronado  Beach  Co.,  dated  April  15,  1893,  con- 
veying above  tract.     Recorded  in  book  211,  page  381,  of  the  records 
of  San  Diego  County. 

(The  above  tract  (18.85  acres)  was  originally  acquired  for  river 
and  harbor  purposes.) 

3.  Deed  from  the  Coronado  Beach  Co.,  dated  June  11,  1901,  con- 
veying 38.56  acres  and  certain  accretions  to  tract  mentioned  in  No.  1, 
supra.     Recorded  in  book  312,  page  187,  of  same  records. 

4.  Quitclaim  deed  from  same,  June  11,  1901,  for  same  tract.    Re- 
corded in  book  262,  page  145,  of  same  records. 

Revocable  license. — May  15,  1912,  to  the  Bureau  of  Light  Houses, 
Department  of  Commerce  and  Labor,  to  install  upon  the  reservation 
a  range  light  for  the  guidance  of  vessels  entering  San  Diego  harbor. 

Jurisdiction. — See  "  General  acts  of  cession." 

Description  by  metes  and  bounds  and  map  of  reservation  filed  as 
required  by  act  of  State  legislature  approved  March  2,  1897. 

PRESIDIO  OF  MONTEREY. 

This  reservation  is  situated  partly  within  the  city  limits  of  Monte- 
rey, overlooking  the  bay,  in  Monterey  County,  and  contains  398.13 
acres  above  low-water  mark,  with  metes  and  bounds  as  announced 
in  G.  O.  34,  W.  D..  March  14, 1908. 

Title. — Occupied  as  a  military  post  by  the  Spanish  Government  as 
early  as  1772.  Mexico  succeeded  Spain,  and  by  treaty  with  Mexico 
the  United  States  succeeded  to  the  title  and  took  possession. 

By  Executive  order,  dated  November  23,  1866,  the  reservation  was 
made  to  include  about  158.14  acres,  according  to  the  Warner  survey. 
Through  an  error  in  a  subsequent  survey  (the  Foreman  survey)  the 
reservation  as  occupied  included  only  about  140  acres. 

The  reservation  was  enlarged  to  its  present  area  by  purchases  in 
1903  and  1906,  as  follows: 

1.  Deed  of  David  Jacks  and  wife,  dated  March  21,  1903,  recorded 
in  Vol.  116,  page  407,  of  the  deed  records  of  Monterey  County,  con- 
veying 104.17  acres.     This  tract  includes  some  lands  which,  accord- 
ing to  the  Warner  survey,  belong  to  the  military  reservation. 

2.  Deed  from  David  Jacks  and  wife,  dated  January  20,  1906,  re- 
corded in  volume  99,  page  239,  of  said  records,  conveying  153.85  acres. 

Revocable  licenses. — June  14,  1889,  to  the  Southern  Pacific  Rail- 
way Co.,  to  construct  a  line  of  track  across  the  reservation. 


CALIFORNIA.  33 

July  15,  1890,  to  Jane  L.  Stanford  to  erect  a  monument  to  Father 
Junipero  Serra,  Indian  missionary,  upon  the  reservation. 

March  31,  1903,  to  the  Monterey  Gas  &  Electric  Co.  to  run  its  line 
of  wires  upon  the  reservation. 

December  23,  1903,  to  the  Pacific  Improvement  Co.  to  lay  and 
maintain  a  12-  inch  water  main  across  the  reservation. 

March  15.  1904,  to  Monterey  &  Pacific  Grove  Railway  Co.  to 
construct,  operate,  and  maintain  an  electric  street  car  line  across  the 
reservation. 

May  5,  1904,  to  Mrs.  King  to  occupy  small  house  near  the  tracks 
of  the  S.  P.  R.  R,  Co. 

November  1,  1904,  to  Coalinga  Oil  Transportation  Co.  to  lay  and 
maintain  a  6-inch  pipe. 

December  12,  1904,  to  Pacific  Improvement  Co.  to  maintain  its 
existing  16-inch  pipe  along  and  upon  Pacific  Street. 

December  12,  1904,  to  Monterey  &  Pacific  Grove  Railway  Co.  to 
maintain  its  existing  electric  street  railway  upon  and  along  Pacific 
Street. 

January  3,  1905,  to  city  of  Monterey  to  maintain  road  known  as 
Lighthouse  Avenue  where  same  crosses  southern  extremity  of  reser- 
vation. 

August  15,  1907,  to  Pacific  Improvement  Co.  for  electric  supply 
line  along  north  boundary. 

April  22,  1913,  to  the  Monterey  County  Water  Works  to  utilize  the 
back  flow  from  the  Government  water  tanks  on  the  reservation. 

May  12,  1914,  to  the  Pacific  Telephone  &  Telegraph  Co.  to  con- 
struct, maintain,  and  operate  a  telephone  line. 

Jurisdiction. — See  "  General  acts  of  cession." 

Description  by  metes  and  bounds  and  map  of  reservation  filed  as 
required  by  act  of  State  legislature  approved  March  2, 1897. 

FORT   ROSECRANS     (POINT   LOMA    AND   BALLAST   POINT). 

This  reservation  consists  of  that  portion  of  the  peninsula  lying 
on  the  west  side  of  the  entrance  to  San  Diego  Harbor  (except  two 
small  tracts  set  aside  for  lighthouse  purposes — one  at  Ballast  Point 
and  the  other  at  the  south  end  of  reservation),  included  between  the 
southernmost  point  of  the  peninsula  (Point  Loma)  and  a  line  drawn 
across  said  peninsula  from  the  harbor  to  the  ocean  at  the  distance  of 
1J  miles  above  Punta  de  Guiranos,  and  contains  940.3  acres. 

Title. — Passed  under  the  treaty  of  Guadalupe  Hidalgo,  concluded 
February  2,  1848,  to  the  United  States.  Reserved  for  military  pur- 
poses by  Executive  order  dated  February  26,  1852.  The  tract  re- 
served contained  about  1,300.42  acres,  but  the  northern  portion  was 
transferred  to  the  Navy  Department  for  a  coaling  station  September 
24,  1901,  leaving  the  area  as  above  stated.  See  also  act  of  the  State 
legislature  approved  March  9, 1897,  as  to  tidewater  lands,  etc. 

By  proclamation  by  the  President,  October  14,  1913,  under  the 
authority  of  section  2  of  act  approved  June  8,  1906  (34  Stat.,  225),  a 
parcel  of  ground  on  Point  Loma,  containing  an  area  of  21,910  square 
feet,  more  or  less,  was  declared  an  historic  landmark  and  reserved 
for  the  erection  thereupon  of  a  monument  to  commemorate  the  dis- 
covery of  California  by  Juan  Rodriquez  Cabrillo  September  28,  1548. 


34  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

Revocable  licenses. — May  14,  1889,  to  the  Treasury  Department  to 
occupy  a  portion  of  the  reservation  for  lighthouse  purposes. 

July  18,  1906,  to  the  Home  Telephone  &  Telegraph  Co.  to  extend 
its  telephone  line  through  the  reservation. 

July  18, 1906,  to  the  Sunset  Telephone  &  Telegraph  Co.  to  extend  its 
telephone  line  through  the  reservation. 

May  12,  1908,  to  the  Point  Loma  Ferry  Co.  to  make  regular  land- 
ings at  the  reservation. 

December  28,  1909,  to  the  San  Diego  Consolidated  Gas  &  Electric 
Co.  for  pole  electric  light  line. 

April  IT,  1915,  to  the  Crescent  Boat  Co.,  of  San  Diego,  Cal.,  to 
make  landings  at  the  quartermaster  dock. 

Jurisdiction. — See  "  General  acts  of  cession." 

Description  by  metes  and  bounds  and  map  of  reservation  filed  as 
required  by  act  of  State  legislature  approved  March  2,  1897. 

SAN  DIEGO  BARRACKS. 

This  reservation  is  situated  in  the  city  of  San  Diego.  It  consists 
of  one-half  of  block  18,  all  of  block  31,  lots  E  and  F  of  block  44  in 
New  San  Diego,  all  of  block  156  in  Middletown,  and  a  wharf  lot  75 
by  1,000  feet.  Total  area  of  the  reservation,  including  submerged 
lands  pertaining  to  block  18  and  the  wharf  lot,  325,000  square  feet. 

Title. — 1.  Deed  from  William  H.  Davis  and  wife,  dated  Septem- 
ber 12,  1850,  for  tract  K  in  block  31,  lot  No.  3  in  block  18,  and  G.  B 
and  C  in  block  No.  39;  recorded  January  21,  1870,  in  deed  record  No. 
8,  page  146,  of  deed  records  of  San  Diego  County. 

2.  Deed  from  George  F.  Hooper,  William  H.  Davis  and  wife, 
dated  September  12,  1850,  for  tracts  I  in  block  31,  and  L  in  block 
89;  recorded  January  21,  1870,  in  deed  record  No.  8,  page  148,  of 
same  records. 

3.  Deed  from  Thomas  W.  Sutherland,  guardian  ad  litem  for  the 
heirs  of  Miguel  de  Pedrorena,  dated  September  12,  1850,  for  tracts 
D,  in  block  31,  and  A  and  J,  in  block  39;  recorded  January  21,  1870, 
in  deed  record  No.  8,  page  144,  of  same  records. 

4.  Deeds  from  Andrew  B.  Gray,  dated  September  12,  1850.  and 
September  14,  1850,  for  tracts  A,  F,  and  L  in  block  31 ;  lots  2  and  6 
in  block  18;  and  tracts  D,  E,  F,  H,  and  K  in  block  39;  recorded, 
respectively,  September  15,  1850,  in  deed  book  O,  page  251,  and  Jan- 
uary 21,  1870,  in  deed  record  No.  8,  page  145,  of  same  records. 

5.  Deed  from  Thomas  D.  Johns,  dated  September  12,  1850,  for 
tracts  G,  H,  and  C,  in  block  31 ;  recorded  January  17,  1870,  in  deed 
record  No.  8,  page  145,  of  same  records. 

6.  Deed  from  Jose  A.  Aquirre  and  wife,  dated  September  12,  1850, 
for  tracts  E  and  J,  in  block  31 ;  lot  No.  1,  in  block  18,  and  tract  I. 
in  block  39;  recorded  January  21,  1870,  in  deed  record  No.  8,  page 
147,  of  same  records. 

7.  Deed  from  Jose  A.  Aquirre  and  wife,  William  H.  Davis  and 
wife,  Andrew  B.  Gray,  Thomas  D.  Johns,  George  F.  Hooper,  Maria 
A.  de  Pedrorena,  Victoria  de  Pedrorena,  Miguel  de  Pedrorena,  Ysa- 
bel  de  Pedrorena,  and  Eleva  de  Pedrorena,  minor  heirs  of  Miguel  de 
Pedrorena,  deceased,  by  Thomas  W.  Sutherland,  their  guardian  ad 
litem,  dated  September  12,  1850,  for  lots  4,  5,  7,  8,  9,  10,  11,  12,  13, 


CALIFORNIA.  35 

14,  15,  16,  17,  18,  and  19,  in  block  18,  and  tract  B,  in  block  31 ;  re- 
corded January  21,  1870,  in  deed  record  No.  8,  page  143,  of  same 
records. 

The  following  tracts  have  been  acquired  by  the  Treasury  Depart- ' 
ment  for  the  War  Department  under  authority  of  the  act  of  Con- 
gress, approved  May  30,  1908  (35  Stat.,  539),  and  were  formally 
assigned  and  transferred  to  the  War  Department  by  instrument  of 
August  2,  1909,  in  exchange  for  block  39,  which  was  assigned  and 
transferred  to  the  Treasury  Department  by  instrument  dated  July 
22,  1909,  under  authority  of  said  act : 

8.  Deed  from  H.  C.  Riordon,  single,  dated  March  19, 1909,  convey- 
ing all  of  lots  E  and  F  in  block  44  of  New  San  Diego,  containing 
10,000  square  feet;  recorded  in  book  467,  page  123,  of  same  records. 

9.  Deed  from  Elizabeth  Babcock,  et  vir,  dated  March  19, 1909,  con- 
veying all  of  block  156    (Middletown),  containing  60,000   square 
feet;  recorded  in  book  467,  page  124,  of  same  records. 

See  also  act  of  State  legislature  approved  March  9,  1897,  as  to 
tidewater  lands,  etc.,  so  far  as  it  affects  wharf  property  herein. 

Revocable  licenses. — April -6,  1914,  to  the  Ramona  Heights  Im- 
provement Club  to  occupy  block  156  of  this  reservation  for  park  and 
social  center  purposes. 

February  3,  1915,  to  the  department  of  water,  city  of  San  Diego, 
to  occupy  and  use  for  storage  purposes  that  part  of  the  reservation 
comprised  within  block  156,  Middletown. 

December  2,  1915,  to  the  Atchison,  Topeka  and  Santa  Fe  Railway 
Co.  to  maintain  its  wharf  known  as  "  Long  Wharf  "  where  it  extends 
across  certain  submerged  lands  of  the  reservation. 

Jurisdiction. — See  "  General  acts  of  cession." 

Plats  and  descriptions  of  record  filed  in  the  proper  office  as  required 
by  act  of  State  legislature  approved  March  2, 1897. 

PRESIDIO  OF  SAN  FRANCISCO. 

This  reservation  is  situated  in  the  northwest  suburbs  of  San  Fran- 
cisco, on  the  southern  margin  of  the  harbor  of  San  Francisco,  and 
contains  1,479.94  acres  above  high-water  mark,  with  metes  and  bounds 
as  announced  in  G.  0. 189,  W.  D.,  September  11, 1907. 

Title. — Established  as  a  military  post  by  the  Spanish;  exact  date 
unknown.  Continued  as  a  military  post  by  Mexico,  and  ceded  to  the 
United  States  by  treaty.  Reserved  "  for  public  purposes  "  by  Execu- 
tive order  dated  November  6,  1850,  and  afterwards  modified  by 
Executive  order  dated  December  31,  1851. 

See  also  act  of  State  legislature,  approved  March  9,  1897,  as  to 
tide-water  lands,  etc. 

The  following  provision  of  legislation  occurs  in  act  of  Congress  ap- 
proved June  4, 1888  (25  Stat.,  167) : 

That  whenever  called  upon  by  the  proper  military  authorities,  the  city  of  San 
Francisco  shall  be  permitted  to  send  any  part  of  its  police  force  to  arrest  tres- 
passers, intruders,  and  disorderly  persons  upon  said  reservation. 

Easements. — Under  authority  of  act  of  Congress  approved  Jan- 
uary 28, 1873  (17  Stat.,  420),  the  Marine  Hospital  building  is  located 
on  the  reservation. 


36  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

Under  authority  of  act  of  February  16,  1912  (37  Stat,  029),  per- 
mission was  granted  August  26,  1912,  to  the  Panama-Pacific  Inter- 
national Exposition  Co.  to  occupy  a  portion  of  the  reservation.  See 
also  permit  of  April  22,  1912,  under  Fort  Mason. 

Under  authority  of  the  same  act,  permission  was  granted  April  10, 
1914,  to  said  company  to  occupy  two  additional  portions  of  the 
reservation. 

Revocable  licenses. — April  7,  1881,  to  the  Presidio  Railroad  Co.  to 
extend  its  tracks  upon  the  reservation. 

January  21,  1888,  to  the  Treasury  Department  to  use  a  portion  of 
the  reservation  for  life-saving  purposes. 

March  11,  1891,  to  the  Treasury  Department  to  erect  a  tower  at 
Fort  Point  and  to  permit  surfmen  in  discharge  of  their  duties  to  pass 
in  and  out  and  over  the  reservation. 

June  3,  1892,  to  the  Presidio  &  Ferries  Railroad  Co.  to  construct, 
maintain,  and  operate  their  line  of  cable  railway  on  the  reservation. 

July  22,  1895,  to  the  Treasury  Department  to  lay  a  water  pipe  on 
the  reservation  for  the  use  of  the  Fort  Point  life-saving  station. 

June  19,  1900,  to  Mary  Holt  Rose  to  extend  her  cottage  so  as  to 
project  one  and  one-half  feet  over  and  beyond  the  wall  of  the  reserva- 
tion. Addition  authorized  by  license,  December  13,  1907. 

October  31,  1900,  to  the  Western  Union  Telegraph  Co.  to  make 
changes  in  the  location  of  its  telegraph  line  on  the  reservation. 

May  7,  1901,  to  Bruce  Porter  to  extend  his  cottage  so  as  to  project 
over  the  wall  and  about  3  feet  beyond  the  reservation  line* 

March  28,  1902,  to  Bernard  Faymonville  to  extend  his  cottage  so 
as  to  project  over  the  wall  and  about  3  feet  beyond  the  reservation 
line. 

November  16,  1905,  to  J.  D.  Givens  to  maintain  and  occupy,  for 
photographic  business,  the  temporary  building  erected  by  him  under 
permission  of  the  department  commander. 

April  7,  1908,  to  Joseph  Nash  for  window  of  his  residence,  project- 
ing over  reservation  wall. 

August  18,  1909,  to  the  Pacific  Telephone  &  Telegraph  Co.  to  con- 
struct, maintain,  and  operate  lines  and  cable  landings  on  this  reserva- 
tion; also  on  the  military  reservations  of  Fort  Baker  and  Yerba 
Buena.  Relocation  of  cable  landings  and  lines  on  this  reservation 
and  also  on  the  Fort  Baker  Reservation  by  said  company  authorized 
by  the  Secretary  of  War  March  31,  1913. 

August  27,  1909,  to  the  Home  Telephone  Co.  of  San  Francisco  to 
attach  its  telephone  cable  to  the  outside  portion  of  the  Government 
wall  on  the  reservation. 

July  3,  1912,  to  the  Great  Western  Power  Co.  to  install  and  main- 
tain cable  landings  and  overhead  power  lines  upon  the  Presidio  and 
Fort  Baker  Reservations. 

January  11,  1913,  to  the  Presidio  Golf  Club  to  use  the  golf  links 
on  the  reservation. 

May  31,  1913,  under  section  10  of  the  river  and  harbor  act  of  May 
3,  1899  (30  Stat,  1151),  to  the  Pacific  Telephone  &  Telegraph  Co.  to 
change  the  location  of  its  submarine  cables  in  San  Francisco  Bay 
between  the  Presidio  and  Fort  Baker  Reservations. 

September  2,  1915,  to  the  Pacific  Gas  &  Electric  Co.  to  construct 
and  maintain  a  small  cable  house  with  conduit. 


CALIFORNIA.  37 

Jurisdiction. — Ceded  by  act  of  State  legislature  approved  March  2, 
189T.  See  "  General  acts  of  session." 

Description  by  metes  and  bounds  and  map  of  reservation  filed  as 
required  by  said  act. 

SAN  FRANCISCO  NATIONAL  CEMETERY. 

This  reservation  was  formerly  a  part  of  the  military  reservation 
of  the  Presidio  of  San  Francisco,  and  is  still  included  within  the 
metes  and  bounds  of  said  reservation  as  announced  in  G.  O.  189, 
W.  D.,  September  11,  1907.  It  comprises  within  its  limits  the  post 
cemetery,  and  contains  an  area  of  9.5  acres. 

Title. — Same  as  Presidio  of  San  Francisco  Reservation. 

Set  apart  December  12, 1884,  by  order  of  the  Secretary  of  War  as  a 
cemetery  of  the  fourth  class  to  be  known  and  designated  as  the  "  San 
Francisco  National  Cemetery." 

Jurisdiction. — See  "  Presidio  of  San  Francisco  "  and  "  General  acts 
of  session." 

SAN  PEDRO. 

This  reservation  is  situated  on  San  Pedro  Bay,  in  the  city  and 
county  of  Los  Angeles,  and  contains  about  44.25  acres,  comprising  a 
part  of  sec.  19,  T.  5  S.,  R.  13  W.,  and  part  of  sec.  24,  T.  5  S.,  R.  14  W., 
of  the  San  Bernardino  meridian.  It  is  occupied  as  a  part  of  the  mili- 
tary post  of  Fort  MacArthur. 

Title. — Reserved  for  military  purposes  by  Executive  order  dated 
September  14,  1888,  the  title  having  been  acquired  from  Mexico 
under  the  treaty  of  Guadalupe  Hidalgo  concluded  February  2,  1848. 
For  title  to  the  submerged  lands  in  front  of  same,  see  act  of  State 
legislature  approved  March  9, 1897,  under  "  General  acts  of  cession." 

By  deed  dated  August  16,  1913,  the  city  of  Los  Angeles,  Cal., 
conveyed  to  the  United  States,  in  exchange  for  an  equal  area  of  sub- 
merged lands  belonging  to  the  United  States  lying  contiguous  to  the 
military  reservation  of  Dead  Mans  Island,  9.75  acres  of  submerged 
lands  of  said  city  lying  in  the  outer  harbor  and  adjacent  to  and  south- 
erly of  the  submerged  lands  in  front  of  this  reservation.  Exchange 
authorized  by  act  of  Congress  approved  July  25, 1912  (37  Stat,  220). 

Easement. — Right  of  way  granted  by  act  approved  February  21, 
1907  (34  Stat.,  915),  to  the  Los  Angeles  Inter-Urban  Railway  Co. 
for  a  railway  through  the  reservation  upon  a  location  to  be  approved 
by  the  Secretary  of  War;  location  approved  October  28,  1908. 

Under  authority  of  section  6  of  the  act  of  July  5,  1884  (23  Stat., 
103),  the  board  of  supervisors  of  the  county  of  Los  Angeles  was 
granted  permission  on  December  21,  1914,  to  maintain  the  existing 
county  road  extending  across  the  northwest  corner  of  the  reservation. 

Revocable  licenses. — February  24,  1905,  to  city  of  San  Pedro  to 
construct  and  maintain  a  sewer. 

January  14,  1914,  to  the  board  of  harbor  commissioners,  city  of 
Los  Angeles,  to  occupy  a  strip  of  land  fifty  feet  in  width  as  a  tem- 
porary right  of  way  across  the  reservation. 

February  27,  1915,  to  the  department  of  public  works,  city  of  Los 
Angeles,  to  extend  drain  along  Pacific  Avenue  within  the  reservation. 


38  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

March  31,  1915,  to  the  department  of  public  works,  city  of  Los 
Angeles,  to  construct  temporary  storm  drain  across  northeasterly 
corner  of  the  reservation. 

April  28,  1915,  to  the  General  Pipe  Line  Co.  of  California  to  op- 
erate and  maintain  a  pipe  line  across  the  reservation  along  the  line 
of  Pacific  Avenue. 

December  4, 1915,  to  the  Southern  Pacific  Railroad  Co.  to  maintain 
and  operate  its  railway  lines  across  the  reservation. 

Jurisdiction. — See  "  General  acts  of  cession." 

FORT  WINFIELD  SCOTT   (OLD  FORT  POINT). 

A  military  post  situated  on  the  south  side  of  the  Golden  Gate  (en- 
trance to  Bay  of  San  Francisco) ;  area  unknown.  Designated  "  Fort 
Winfield  Scott "  in  G.  O.  133,  A.  G.  O.,  November  25,  1882.  It  is 
comprised  within  the  metes  and  bounds  of  the  Presidio  of  San  Fran- 
cisco reservation,  as  announced  in  G.  O.  189,  W.  D.,  September  11, 
1907. 

Title. — A  part  of  the  public  domain,  it  was  reserved  "  for  public 
purposes  "  by  Executive  order  dated  November  6,  1850,  modified  by 
Executive  order  dated  December  31,  1851.  Prior  thereto,  by  act  of 
Congress  approved  September  28,  1850  (9  Stat.,  503),  appropriation 
was  made  "  for  a  lighthouse  on  Battery  Point,  entrance  to  the  Bay  of 
San  Francisco,"  Battery  Point  being  coincident  with  old  Fort  Point. 

See  also  act  of  State  legislature  approved  March  9, 1897,  as  to  tide- 
water lands,  etc. 

Revocable  licenses. — February  28,  1878,  to  the  Treasury  Depart- 
ment to  erect  a  steam  fog  signal  upon  the  reservation. 

September  26, 1883,  to  the  Treasury  Department  to  erect  two  small 
buildings  for  the  keepers  of  the  light  at  Fort  Point. 

January  21,  1888,  to  the  Treasury  Department  to  occupy  a  portion 
of  the  reservation  for  a  life-saving  station. 

March  11,  1891,  to  the  Treasury  Department  to  erect  a  lookout 
tower  for  the  Life-Saving  Service  upon  the  reservation. 

April  1,  1895,  to  the  Treasury  Department  to  occupy  a  portion  of 
the  reservation  for  the  purpose  of  constructing  a  catch-water  area. 

July  22,  1895,  to  the  Treasury  Department  to  extend  a  line  of  pipe 
through  the  reservation  to  the  life-saving  station. 

See  "Fort  Miley"  for  rights  of  way  for  telephone  and  mining 
cables. 

See  "  Presidio  of  San  Francisco  "  for  licenses  to  the  Pacific  Tele- 
phone &  Telegraph  Co.  and  to  the  Great  Western  Power  Co.  to  op- 
erate and  maintain  lines  and  cable  landings. 

Jurisdiction. — See  "Presidio  of  San  Francisco"  and  "General 
acts  of  cession." 

YERBA  BUENA  ISLAND    (OR  GOAT  ISLAND). 

This  reservation  is  situated  about  2J  miles  northeast  of  the  city  of 
San  Francisco,  in  the  Bay  of  San  Francisco,  and  contains  about  141 
acres. 

Title. — Reserved  by  Executive  order  of  November  6,  1850,  "for 
public  purposes"  and  excepted  from  the  grant  to  the  city  of  San 
Francisco  by  act  of  Congress  approved  July  1,  1864  (13  Stat.,  332), 


COLORADO.  39 

and  under  the  provisions  of  said  act  reserved  for  military  purposes 
by  Executive  order  dated  October  12, 1866.  See  also  Executive  order 
dated  November  6,  1850.  Deed  from  Frank  M.  Pixley  to  the  United 
States,  dated  August  27,  1869,  and  recorded  September  7,  1869,  in 
office  of  county  recorder  of  the  city  and  county  of  San  Francisco,  in 
liber  524  of  deeds,  page  14.  See  also  act  of  the  State  legislature  ap- 
proved March  9, 1897,  as  to  tidewater  lands,  etc. 

By  Executive  order,  dated  April  12,  1898,  as  modified  by  Execu- 
tive order  dated  January  28,  1899,  all  of  the  above  reservation  except 
8.9  acres  was  transferred  to  the  Navy  Department. 

Revocable  licenses. — See  licenses  dated  August  18,  1909,  to  the 
Pacific  Telephone  &  Telegraph  Co.,  under  "Presidio  of  San  Fran- 
cisco." 

Jurisdiction. — See  "  General  acts  of  cession." 

COLORADO. 

FORT  LOGAN. 

This  reservation  is  situated  in  Arapahpe  County  and  contains  an 
area  of  973.08  acres,  embracing  the  subdivisions  described  in  G.  O.  37, 
W.  D.,  March  2, 1909. 

Title. — The  original  reservation  of  635.4  acres  was  donated  to  the 
United  States  June  14, 1887,  by  deed  from  Charles  B.  Kountze,  trustee, 
recorded  October  11,  1887,  in  deed  book  343,  page  415,  of  the  deed 
records  of  Arapahoe  County.  To  perfect  title  thereto  a  reservation 
was  made  by  Executive  order  dated  September  27,  1887  (G.  O.  61, 
A.  G.  O.,  September  29,  1887). 

The  reservation  was  acquired  under  authority  of  an  act  of  Congress 
approved  February  17,  1887  (24  Stat.,  405),  and  was  announced  in 
G.  O.  65,  A.  G.  O.,  October  12,  1887.  It  was  enlarged  by  the  acquisi- 
tion, under  act  of  Congress  approved  May  27, 1908  (35  Stat.,  364),  of 
338.4  acres,  conveyed  to  the  United  States  by  the  following  deeds : 

1.  Deed  of  the  Rucker  Ridge  Farm  &  Investment  Co.,  dated  Decem- 
ber 3, 1908,  conveying  318.6  acres.    Recorded  in  book  48,  page  182,  of 
the  same  records. 

2.  Deed  of  Eugene  H.  Pearson,  dated  June  30, 1908,  conveying  19.8 
acres.    Recorded  in  book  46,  page  122,  of  same  records. 

Easement. — The  Colorado  Southern  Railroad  Co.  maintains  a  right 
of  way  across  the  north  80  acres  of  the  reservation,  which  right  of 
way  existed  prior  to  the  establishment  of  the  post  and  subject  to 
which  the  reservation  was  acquired. 

Revocable  licenses. — September  2, 1904,  to  the  Denver  &  Rio  Grande 
Railroad  Co.  to  maintain  its  spur  track  upon  the  reservation,  which 
track  was  constructed  under  oral  authority  from  the  Secretary  of 
War  during  the  construction  of  the  post. 

January  12,  1914,  to  the  Denver  Union  Water  Co.  to  construct  a 
temporary  railroad  track  across  the  reservation. 

Jurisdiction. — Consent  of  the  State  to  the  purchase  by  the  United 
States  was  given  by  act  of  the  State  legislature,  approved  February 
1,  1881,  as  follows: 

That  the  consent  of  the  State  is  hereby  given  to  the  purchase  by  the  United 
States,  *  *  also  to  the  purchase  by  the  United  States  of  such  other  lands 

within  this  State  as  its  authorities  may  from  time  to  time  select  for  the  erection 
of  forts,  magazines,  arsenals,  and  other  needful  buildings. 


40  UNITED    STATES   MILITARY   RESERVATIONS,  ETC. 

The  governor  of  the  State,  by  deed  dated  June  14,  1887,  conveyed 
full,  complete,  and  exclusive  jurisdiction  over  the  original  reservation 
in  accordance  with  the  terms  of  an  act  of  the  State  legislature  ap- 
proved March  22, 1887.  The  act  provides  as  follows : 

SECTION  1.  Whenever  any  officer  or  officers  of  the  United  States,  thereunto 
duly  authorized,  shall  designate  or  select  a  tract  of  six  hundred  and  forty  acres 
of  land  at  or  near  the  city  of  Denver,  in  the  State  of  Colorado,  as  and  for  the  site 
of  a  military  post,  and  the  title  thereto  shall  have  been  conveyed  and  confirmed 
to  the  United  States  of  America  by  the  owner  or  owners  thereof,  the  governor 
of  this  State  shall  make,  execute,  and  deliver  to  the  United  States  of  America  n 
deed,  sealed  with  the  great  seal  of  the  State  of  Colorado,  and  attested  by  the 
Secretary  of  State,  containing  apt,  meet,  and  proper  words,  clauses,  and  cove- 
nants, to  fully  cede,  give,  grant,  transfer,  confer  and  confirm  exclusive  juris- 
diction for  all  purposes  whatsoever  over  such  tract  of  land,  and  all  and  every 
part  thereof,  unto  the  United  States  of  America ;  but,  nevertheless,  therein  re- 
serving to  this  State  jurisdiction  to  serve  the  civil  process  of  State,  county  and 
municipal  courts  and  tribunals  within  said  tract  of  land ;  to  serve  and  execute 
therein  processes  in  criminal  cases  by  State,  county  and  municipal  officers  in 
respect  to  offenses,  misdemeanors,  crimes  and  felonious  acts  committed  outside 
of  said  tract,  and  at,  from  and  after  the  making,  executing,  ensealing,  attesting 
and  delivery  of  such  deed,  exclusive  jurisdiction  shall  vest  in  and  remain  in  the 
United  States  of  America,  for  and  during  all  the  time  the  United  States  shall 
remain  the  owner  of  said  tract,  subject  only  to  the  State  jurisdiction  for  the 
service  of  execution  and  process  reserved  to  this  State  over  said  tract  of  land 
so  ceded,  granted,  transferred,  confirmed  and  conferred  unto  the  United  States 
of  America  for  and  during  the  time  the  United  States  shall  remain  owner 
thereof. 

SEC.  2.  That  at,  from  and  after  the  delivery  of  such  deed  of  cession,  the  said 
site  and  tract  of  land,  and  the  erections,  structures,  buildings,  fixtures,  goods, 
chattels  and  property  at  any  time  thereon  or  thereto  belonging,  or  in  anywise 
appertaining  and  belonging  to  the  United  States,  shall  be  and  remain  released 
and  exempt  from  all  tollages,  taxes  and  assessments,  of  every  name  and  nature, 
for  and  during  the  time  the  United  States  shall  remain  the  owner  thereof. 
(Session  Laws  of  Colo.,  1887,  p.  339.) 

FORT  LOGAN  TARGET  RANGE. 

This  reservation  is  situated  in  Douglas  County,  Colo.,  and  comprises 
the  east  half  of  section  20  and  all  of  section  29,  township  6  south, 
range  66  west  of  the  sixth  principal  meridian,  containing  an  area  of 
about  960  acres.  It  was  announced  in  G.  O.  211,  W.  D.,  December  30, 
1905. 

Title. — 1.  Deed  from  Mrs.  Nellie  Cheesewright,  dated  May  31, 
1905,  conveying  the  northeast  quarter  of  said  section  20;  recorded  in 
book  32,  page  213,  deed  records  of  said  county. 

2.  Deed  from  William  H.  Lithgow  and  wife,  dated  May  24,  1905, 
conveying  the  southeast  quarter  of  said  section  20 ;  recorded  in  book 
32,  page  214,  of  same  records. 

3.  Deed  from  the  Denver  Sugar,  Land  &  Irrigation  Co.,  dated 
September  12,  1905,  conveying  all  of  said  section  29;  recorded  in 
book  32,  page  212,  of  same  records. 

Jurisdiction. — See  act  of  State  legislature  approved  February  1, 
1881,  under  Fort  Logan,  ante. 

CONNECTICUT. 

GENERAL  ACT  OF  CESSION. 

The  consent  of  the  State  of  Connecticut  is  hereby  given,  in  accordance  with 
the  seventeenth  clause,  eighth  section,  of  the  first  article  of  the  constitution 
of  the  United  States,  to  the  acquisition  by  the  United  States,  by  purchase,  con- 
demnation, or  otherwise,  of  any  land  in  this  state  required  for  customhouses, 


CONNECTICUT.  41 

courthouses,  post-offices,  arsenals,  or  other  public  buildings  whatever,  or  for 
any  other  purposes  of  the  government.  Exclusive  jurisdiction  in  and  over  any 
land  so  acquired  by  the  United  States  is  hereby  ceded  to  the  United  States  for 
all  purposes  except  the  service  of  all  civil  and  criminal  process  of  the  courts  of 
this  state ;  but  the  jurisdiction  so  ceded  shall  continue  no  longer  than  the  United 
States  shall  own  such  land.  The  jurisdiction  ceded  shall  not  vest  until  the 
United  States  shall  have  acquired  the  title  to  such  lands  by  purchase,  condemna- 
tion, or  otherwise ;  and  so  long  as  such  lands  shall  remain  the  property  of  the 
United  States  when  acquired  as  aforesaid,  and  no  longer,  the  same  shall  be  and 
continue  exempt  and  exonerated  from  all  state,  county,  and  municipal  taxation, 
assessment,  or  other  charges.  (Approved  Apr.  5,  1899.  Genl.  Stats,  of  Conn., 
1902,  p.  1010,  sec.  4102.) 

FORT  GRISWOLD. 

This  reservation  contains  12.3  acres  and  is  situated  on  Groton 
Heights,  in  New  London  County. 

Title. — The  old  fort,  owned  and  occupied  by  the  State  as  early  as 
1775,  together  with  lands  purchased  by  the  State  in  1777  from  J. 
Chester  and  E.  Prior,  aggregating  4.643  acres,  was  authorized  by 
the  State  legislature  to  be  ceded  to  the  United  States.  (Not  evidenced 
by  deed  of  cession.)  Additional  lands  were  purchased  as  follows: 

1.  Deed  from  Latham  Avery,  dated  August  3,  1812,  conveying 
1.958  acres ;  recorded  in  deed  book  16,  page  56,  of  the  land  records  of 
the  town  of  Groton. 

2.  Deed  from  Ebenezer  Avery,  dated  August  3,  1812,  conveying 
1  acre  and  90  rods ;  recorded  in  book  16,  page  56,  of  same  records. 

3.  Deed  from  William  F.  Brainard,  attorney,  etc.,  dated  Septem- 
ber 16,  1812,  conveying  1  acre  and  74  rods;  recorded  in  book  15,  page 
212,  of  same  records. 

4.  Purchase  from  Nicholas  Lester, ,  1841 ;  no  record  received 

of  deed ;  area  by  purchase,  2.759  acres. 

5.  Purchase  from  Albert  Latham, ,  1841 ;  no  record  received 

of  deed ;  area,  0.179  acre. 

6.  Purchase  from  Humphrey  Baker,  March  26,  1842 ;  evidenced  by 
bond  for  deed ;  area  aggregating  3.058  acres. 

7.  Purchase  from  Albert  Latham,  March  25,  1842;  evidenced  by 
bond  for  deed ;  area,  aggregating  3,058  acres. 

Easement. — The  right  to  occupy  the  Fort  Griswold  tract  for  the 
purpose  of  a  public  park  was  granted  to  the  State  of  Connecticut  by 
act  of  Congress  of  June  6,  1902  (32  Stat,  306),  the  United  States  re- 
serving to  itself  the  fee  in  said  tract  and  the  right  to  resume  posses- 
sion, etc.  Permission  was  granted  by  the  Secretary  of  War  July  25. 
1911,  under  authority  of  said  act  to  the  Fort  Griswold  tract  commis- 
sion to  erect  a  new  gateway  to  the  reservation. 

Jurisdiction. — Ceded  by  act  of  the  State  legislature  approved  June 
9, 1842,  which  is  as  follows : 

SECTION  1.  Be  it  enacted,  etc.,  That  his  Excellency,  the  Governor,  be,  and  he 
is  hereby  authorized  and  empowered  to  cede  to  the  United  States,  Fort  Truin- 
bull,  in  the  town  of  New  London,  and  Fort  Griswold,  in  the  town  of  Groton, 
and  the  jurisdiction  of  the  lands  whereon  the  same  are  situated,  and  so  much 
of  the  lands  thereto  adjoining  as  in  his  opinion  may  be  necessary  for  the  accom- 
modation of  the  United  States. 

SEC.  2.  Be  it  further  enacted,  That  the  deed,  or  instrument  of  such  cession, 
shall  be  recorded  by  the  Secretary  of  State  before  its  final  delivery  to  the  United 
States.  Provided,  however,  That  the  right  to  serve  civil  and  criminal  process 
upon  said  lands,  be,  and  the  same  is  hereby  reserved. 


42  UNITED   STATES    MILITARY    RESERVATIONS,  ETC. 

There  appears  to  be  no  record  of  the  cession  by  deed  as  contem- 
plated in  the  act,  but  notwithstanding  this  fact,  it  was  held  by 
Attorney- General  Akerman,  in  an  opinion  dated  April  15,  1871,  that 
the  jurisdiction  of  the  United  States  over  Fort  Trumbull  was  un- 
questionable. In  his  opinion  he  said  (XIII  Opinions,  411) : 

It  is  not  questioned  that  the  land  is  owned  by  the  United  States,  or  that  the 
purchase  was  with  the  consent  of  the  legislature  of  the  State.  There  is  wanting 
a  formal  deed  of  cession  which  the  legislature  intended  should  be  executed  on  the 
part  of  the  State.  Such  a  formality  is  not  necessary  to  give  jurisdiction. 

The  purchase  by  the  United  States,  and  the  consent  of  the  legislature  to  the 
purchase,  gave  to  Congress  the  exclusive  power  of  legislation  over  the  purchased 
land.  (Constitution  of  the  United  States,  Art.  I,  sec.  8.)  A  legislative  consent 
to  the  purchase  could  be  given  either  before  or  after  the  purchase,  and  such 
consent,  whenever  given,  together  with  the  fact  of  the  purchase,  establishes  the 
jurisdiction  of  the  United  States. 

See  also  "  General  act  of  cession." 

FORT  HALE. 

This  reservation  is  situated  on  the  east  shore  of  New  Haven  Har- 
bor, in  the  town  of  New  Haven,  and  contains  about  30  acres. 

Title.— I.  Deed  from  Kneeland  Townsend,  dated  April  27,  1809; 
recorded  May  10,  1809,  in  East  Haven  fourth  ledger  book,  page  87. 

2.  Deed  from  Truman  Colt,  dated  May  3,  1809 ;  recorded  May  10, 
1809,  page  88,  of  same  records. 

3.  Deed  from  Philemon  Augur,  dated  August  21,  1809;  recorded 
August  24,  1809,  page  92,  of  same  records. 

4.  Deed  from  Benjamin  Belden  and  Lyman  Hotchkiss  and  wife, 
dated  September  16,  1870;  recorded  December  11,  1871,  in  volume 
19,  page  22,  of  East  Haven  land  records. 

5.  Deed  from  Timothy  Andrews,  trustee,  dated  August  19,  1871; 
recorded  December  11,  1871,  in  volume  18,  pages  785-786,  of  same 
records. 

6.  Deed  from  C.  W.  Bradley,  trustee  for  Episcopal  Church,  dated 
August  19,  1871;  recorded  December  11,  1871,  in  volume  18,  pages 
786-787,  of  same  records. 

7.  Deed  from  Martha  P.  Pardee,  dated  August  19,  1871 ;  recorded 
December  11,  1871,  in  volume  18,  page  650,  of  same  records. 

8.  Deed  from  Martha  P.  Pardee,  guardian,  dated  August  21,  1871; 
recorded  December  11,  1871,  in  volume  17,  pages  673-674,  of  same 
records. 

9.  Deed  from  Samuel  Forbes,  dated  August  21,  1871;  recorded 
December  11,  1871,  in  volume  19,  page  23,  of  same  records. 

10.  Deed  from  Benjamin  Belden  and  Lyman  Hotchkiss  and  wife, 
dated  December  11,  1871;  recorded  December  16,  1871,  in  volume  19, 
page  24,  of  same  records. 

11.  Deed  from  Isaac  C.  Stock,  dated  October  25,  1872;  recorded 
November  7,  1872,  in  volume  19,  page  110,  of  same  records. 

12.  Deed  from   Bela   Forbes,  dated  October  29,   1872;   recorded 
October  29, 1872,  in  volume  19,  page  109,  of  same  records. 

13.  Deed  from  Bela  Forbes,   dated   October  29,  1872;   recorded 
October  29,  1872,  in  volume  19,  page  652,  of  same  records. 

14.  Deed  from  Bela  Forbes,  dated  November  5,  1872;  recorded 
November  7,  1872,  in  volume  19,  page  655,  of  same  records. 


CONNECTICUT.  43 

15.  Decree  of  condemnation  rendered  in  the  Superior  Court  Octo- 
ber 21,  1872,  in  the  case  of  United  States  v.  Bela^ Forbes;  recorded 
October  29,  1872,  in  volume  20,  pages  10  to  17,  inclusive,  of  same 
records. 

Revocable  license. — June  30,  1890,  to  the  town  of  New  Haven  to 
enter  upon  the  reservation  and  improve  the  road  thereon  andT  con- 
struct a  new  road  along  the  eastern  boundary. 

Jurisdiction. — Consent  to  the  purchase  and  jurisdiction  over  the 
above-conveyed  lands,  except  those  described  in  deeds  numbered  1, 
2,  and  3,  as  follows: 

Act  of  State  legislature  approved  July  12,  1870 : 

SECTION  1.  The  consent  of  this  State  is  hereby  given  to  the  purchase  by  the 
United  States  of  America,  of  so  much  land  adjacent  to  Fort  Hale  in  the  town 
of  East  Haven  as  lies  westerly  of  a  line  marked  A  B  on  a  map  of  premises 
at  Fort  Hale,  &c.,  surveyed  in  1864  for  the  United  States  Government  by  Wil- 
liam Hartley  on  file  in  the  War  Department  of  the  United  States,  and  to  so 
much  of  the  land  of  Bela  Forbes  as  lies  adjacent  to  and  easterly  of  said  line ; 
the  premises  for  the  purpose  of  which  consent  is  hereby  given,  being  land 
owned  by  J.  G.  Stark,  about  three  acres,  land  owned  by  Bela  Forbes,  about  nine 
acres,  land  owned  or  claimed  by  the  Episcopal  Society  in  East  Haven,  about 
one  acre,  land  owned  by  Samuel  Forbes,  about  one  acre,  land  formerly  owned 
by  L.  Pope,  about  eight  acres,  and  land  formerly  owned  by  Isaac  Pardee,  about 
two  acres. 

SEC.  2.  Jurisdiction  is  hereby  ceded  to  the  United  States  of  America  over  all 
such  lands  as  may  be  purchased  by  the  United  States,  within  the  limits  pro- 
vided in  the  preceding  section;  reserving,  however,  the  right  to  serve  both 
civil  and  criminal  process,  issued  under  the  authority  of  laws  of  this  State, 
upon  said  lands. 

Act  of  the  State  legislature,  approved  July  14,  1870: 

Whereas  the  United  States  have  taken  and  used  for  purposes  of  fortification 
at  Fort  Hale  in  the  town  of  East  Haven,  a  certain  parcel  of  salt  meadow  land, 
containing  about  four  acres,  formerly  belonging  to  Mary  Bishop  of  East  Haven, 
and  by  her  devised  to  the  Episcopal  Society  in  said  town,  in  trust  to  apply  the 
rents  and  profits  therefrom  to  the  support  of  an  Episcopal  minister  in  said 
town,  forever ;  and  also  another  parcel  of  land  or  salt  meadow  near  said  fort, 
lying  east  of  King  Island,  comprising  about  two  acres  and  belonging  formerly 
to  Isaac  Pardee  of  said  town,  but  now  held  in  trust  under  said  Pardee's  will  by 
Timothy  Andrews  of  said  town  for  the  benefit  of  Joseph  Pardee  of  said  town, 
and  the  family  of  said  Joseph ;  and  Whereas  the  United  States  are  desirous 
to  purchase  said  two  described  parcels,  and  said  Episcopal  Society  have  voted 
to  sell  their  interest  in  said  first-described  tract  to  the  United  States,  and  said 
Tmothy  Andrews  desires  to  sell  said  second-described  parcel  to  the  United 
States,  and  it  is  manifestly  for  the  interest  of  all  concerned  in  said  trust 
estates  that  such  sales  should  be  effected ;  therefore  be  it. 

Resolved,  etc.,  That  the  Protestant  Episcopal  Society  of  East  Haven  hereby 
is  authorized  and  empowered  to  sell  and  convey  their  interest  in  the  first  parcel 
of  salt  meadow  land  above  described  and  Charles  W.  Bradley  of  East  Haven 
is  hereby  authorized  to  convey  the  same  as  the  agent  of  said  society  to  the 
United  States  on  such  terms  as  the  parties  may  agree  upon;  and  Timothy 
Andrews  of  East  Haven  is  hereby  empowered  to  sell  and  convey  to  the  United 
States  the  second  above-described  parcel  of  salt  meadow  land  on  such  terms 
as  he  may  agree  upon  with  the  United  States ;  and  such  conveyances  when 
made  shall  vest  in  the  United  States  a  clear  title  to  the  premises  conveyed, 
free  and  discharged  of  any  trust ;  Provided,  however,  that  it  shall  be  the  duty 
of  said  Society  and  of  said  Timothy  Andrews  to  reinvest  the  moneys  by  them 
respectively,  received  for  said  conveyances  in  other  lands,  or  in  public  or  mort- 
gage securities  and  hold  the  same  in  each  case  subject  to  the  same  trusts 
created  by  the  wills  under  which  their  respective  titles  were  originally  derived 
with  reference  to  said  respective  parcels  of  land  thus  to  be  conveyed. 


44  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

And  the  following  act  of  the  State  legislature,  approved  June  26, 

1872: 

SECTION  1.  The  consent  of  this  State  is  hereby  given  to  the  purchase  by  the 
United  States  of  America  of  so  much  land  adjacent  to  the  grounds  surrounding 
Fort  Hale  in  the  town  of  East  Haven  as  lies  westerly  of  a  line  marked  A,  B, 
C,  D,  E,  on  a  map  of  premises  at  Fort  Hale,  etc.,  surveyed  in  1864,  for  the  U.  S. 
Government,  by  William  Hartley,  on  file  in  the  War  Department  of  the  Unitod 
States ;  the  premises,  for  the  purchase  of  which  consent  is  hereby  given,  being 
the  same  premises  described  in  the  Act  to  which  this  Act  is  in  addition,  together 
with  one  additional  triangular  strip  of  land  containing  about  one  acre  and 
three-quarters,  conveyed  to  the  United  States  by  Benjamin  Belden,  Lyman 
Hotchkiss  and  Sarah  A.  Hotchkiss  by  deed  dated  December  eleventh,  1871, 
and  recorded  in  East  Haven  land  records,  volume  19,  page  24,  and  designated 
on  said  map,  or  a  tracing  thereof,  filed  by  the  United  States  in  the  office  of  the 
Secretary  of  this  State,  by  the  lines  A,  B,  B. 

Sections  2,  3,  4,  5  and  6  provide  for  condemnation,  manner  of  pro- 
cedure, etc. 

SEC.  7.  Jurisdiction  is  hereby  ceded  and  confirmed  to  the  United  States  of 
America  over  all  such  lands  as  have  been  or  may  be  acquired  by  the  United 
States,  within  the  limits  provided  and  described  in  the  first  section  of  this  Act; 
so  long  as  the  same  shall  remain  the  property  of  the  United  States;  reserving, 
however,  the  right  to  serve  both  civil  and  criminal  process  issued  under  the 
authority  or  laws  of  this  State,  upon  said  lands. 

By  an  act  of  Congress,  approved  September  1,  1890  (26  Stat., 
419),  the  town  of  New  Haven  was  granted  the  right  to  occupy,  im- 
prove, and  control  for  the  purposes  of  a  public  park,  the  foregoing 
described  reservation,  but  the  United  States  reserved  to  itself  the  fee 
in  said  tract  and  the  right  to  resume  possession,  etc. 

See  also  "  General  act  of  cession." 

LIGHTHOUSE  POINT    (OR   FIVE-MILE   POINT). 

This  reservation  is  situated  in  the  town  of  East  Haven,  about  5 
miles  from  New  Haven,  and  contains  about  1  acre. 

Title. — Deed  from  Amos  Morris,  dated  May  5,  1804,  conveying  the 
above  site  for  lighthouse  purposes.  Deed  recorded  in  East  Haven 
ledger  book,  page  242,  May  5,  1804. 

The  site  being  no  longer  needed  for  lighthouse  purposes  was  trans- 
ferred to  the  War  Department  November  6,  1896. 

Lease. — To  Albert  Widmann,  for  five  years  from  January  1,  1912. 

Revocable  license. — July  16, 1913,  to  the  Mary  Clap  Wooster  Chap- 
ter, Daughters  of  the  American  Revolution,  to  erect  and  maintain  a 
memorial. 

Jurisdiction. — Ceded  by  the  General  Assembly  of  Connecticut  on 
the  second  Thursday  of  May,  1804. 

See  also  "  General  act  of  cession." 

FORT    TRUMBULL. 

This  reservation  is  situated  on  the  south  of  New  London  Harbor, 
about  1J  miles  above  the  mouth  of  the  Thames  River,  and  contains 
a  total  area  of  13.63  acres,  with  metes  and  bounds  as  announced  in 
G.  0. 167,  W.  D.,  October  3, 1906. 

Title. — The  original  reservation,  of  about  11.25  acres,  was  estab- 
lished by  the  State  in  1775.  In  October,  1778,  the  State  legislature 


CUBA.  45 

authorized  the  cession  of  this  post  to  the  United  States  by  the  gov- 
ernor of  the  State,  but  there  exists  no  evidence  of  any  action  having 
been  taken  by  the  governor  under  said  act.  It  having  been  made  to 
appear  that  the  land  upon  which  the  fort  is  located  was  the  property 
of  certain  minors  the  State  legislature,  in  May,  1804,  passed  an  act  au- 
thorizing the  guardians  of  said  minors  to  convey  all  the  right,~title, 
and  interest  they  possessed  in  the  property  to  the  United  States, 
Under  this  authority  a  deed  was  executed  as  follows : 

Deed  from  Samuel  Mather,  John  Munford,  and  Elias  Perkins, 
guardians,  etc.,  dated  January  IT,  1805,  conveying  11J  acres  and  re- 
corded in  *  *  *. 

By  act  of  Congress  approved  March  2,  1833  (4  Stat.,  644),  an  ad- 
ditional tract  of  land  was  acquired  by  deed  from  Lucretia  Mitchell 
to  the  United  States,  dated  April  9, 1833,  conveying  2J  acres,  27  poles, 
and  204  square  links,  and  recorded  in  book  40,  page  362,  of  the  records 
of  town  of  New  London. 

Agreement  defining  boundary  of  land  by  Lucretia  Mitchell,  above 
grantor,  dated  July  15,  1833,  and  recorded  July  23,  1833,  in  book  38, 
page  323,  of  records  of  town  of  New  London.  By  act  of  the  State 
legislature  approved  June  9,  1842,  the  governor  was.  authorized  to 
cede  to  the  United  States  Fort  Trumbull  and  Fort  Griswold,  together 
with  jurisdiction.  No  cession  by  deed,  but  see  Fort  Griswold.  See 
also  Appendix,  page  500. 

On  July  1, 1910,  a  lease  for  five  years  was  made  to  the  Treasury  De- 
partment of  this  reservation,  for  revenue-cutter  purposes,  at  a  yearly 
rental  of  $1,  subject  to  the  continued  use,  concurrently  with  the  Treas- 
ury Department,  of  the  dock  and  approaches  thereto,  by  the  Quarter- 
master's Department  of  the  Army.  The  reservation  was  turned  over 
to  the  Treasury  Department,  under  the  terms  of  this  lease,  on  Septem- 
ber 2,  1910. 

By  act  of  Congress  approved  February  15, 1911  (36  Stat.,  906) ,  the 
Secretary  of  War  was  authorized  and  directed  to  transfer  this  reser- 
vation to  the  Treasury  Department  for  the  use  of  the  Re  venue- Cutter 
Service,  subject  to  the  proviso — 

That  the  continued  use  by  the  War  Department,  concurrent  with  the  Treasury 
Department,  of  the  present  dock  and  approaches  thereto,  be  reserved  to  the  War 
Department  in  order  that  harbor  boats  stationed  in  the  artillery  district  of  New 
London  may  be  tied  up  there  when  necessary. 

Formal  letter  of  transfer  addressed  to  the  Secretary  of  the  Treas- 
ury July  1,  1915. 

Revocable  license. — February  14,  1899,  to  the  board  of  sewer  com- 
missioners of  New  London,  to  construct  and  maintain  a  sewer  across 
the  reservation. 

Jurisdiction.— SQQ  "Fort  Griswold  "  and  "General  act  of  cession." 

CUBA. 

GTJANTANAMO  BAY. 

This  reservation,  declared  by  Executive  order,  dated  January  9. 

904,  consists  of  three  parts,  within  the  limits  of  the  naval  station  at 

Guantanamo  Bay,  which  station  was  acquired  by  lease  from  the 

Republic  of  Cuba,  signed  at  Havana  July  2,  1903,  approved  by  the 


46  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

President  October  2,  1903,  ratified  by  the  President  of  Cuba,  August 
17,  1903,  and  ratifications  of  which  were  exchanged  at  Washington, 
October  6,  1903. 

Authority  of  the  President  to  approve  the  above  lease  was  con- 
ferred by  act  of  Congress,  approved  March  2,  1901  (31  Stat.,  898, 
sec.  7). 

RESERVATION  NO.    1. 

The  west  part  of  Cuzco  Hills,  extending  from  the  bay  to  a  true 
north-and-south  line,  3,545  feet  due  east  from  Windward  Point 
lighthouse,  assuming  6,000  feet  as  equal  to  a  nautical  mile,  with  the 
following  exceptions: 

(a)  Such  lands  on  the  hilltops  as  may  be  needed  for  naval  wire- 
less-telegraph stations,  and  such  rights  of  way  as  may  be  required  to 
reach  the  lands. 

(b)  Five  acres  of  land  for  lighthouse  purposes,  the  exact  location 
to  be  determined  when  the  construction  of  batteries  on  this  part  of 
the  reservation  is  undertaken. 

(c)  On  Fishermans  Point,  for  the  use  of  the  harbor  master,  pilots, 
and  lookout  station,  the  land  bounded  as  follows:  The  nearest  point 
of  southeasterly  boundary  line  shall  be  350  feet  from  the  point  marked 
"  observation  spot "  on  the  Hydrographic  Office  Chart  No.  1857 :  that 
it  shall  run  in  a  direction  south  40  degrees  west  (true)  until  it  inter- 
sects the  southern  boundary  line ;  the  southern  boundary  line  shall  run 
in  a  westerly  direction  from  the  intersection  to  the  water,  at  a  dis- 
tance of  about  100  feet  south  of  the  inner  crest  of  the  bluff  south  of 
Fishermans  Point ;  the  intention  being  that,  throwing  out  the  irregu- 
larities of  the  line  of  the  inner  crest  of  the  bluff,  the  plot  of  land  on  the 
bluff  shall  average  about  100  feet  in  width  north  and  south.    It  is, 
however,  understood  that  if  this  plot  on  the  bluff  is  essential  to  the 
Army  in  providing  for  the  defense  of  the  bay  another  site  suitable  for 
a  lookout  and  signal  station  will  be  selected. 

(d)  A  site  for  a  wharf  to  be  allotted  to  the  Lighthouse  Establish- 
ment, either  in  the  bight  south  of  Corinaso  Point  or  at  the  extremity 
of  the  beach  on  the  north  side  of  the  point,  as  it  may  prefer,  and  free 
right  of  way  for  its  employees  and  supplies  to  and  from  the  light- 
house reservation  at  Windward  Point. 

Under  date  of  September  18,  1905,  the  Acting  Secretary  of  War 
transferred  to  the  Department  of  Commerce  and  Labor  for  light- 
house depot  a  small  parcel  of  land  at  Corinaso  Point  near  Fishermans 
Point,  within  the  military  reservation  on  Cuzco  Hills. 

Under  date  of  December  3,  1912,  the  Secretary  of  War  transferred 
to  the  Navy  Department,  for  naval  purposes,  a  part  of  this  reserva- 
tion fronting  on  Corinaso  Cove. 

Revocable  licenses. — March  25,  1907,  to  the  Mexican  Telegraph  Co. 
and  the  Central  &  South  American  Telegraph  Co.,  to  land  their  pro- 
posed cable  between  New  York  City  and  the  Canal  Zone;  modified 
May  8,  1907,  and  authority  given  for  additional  house  at  Fishermans 
Point. 

February  6, 1908,  to  Central  &  South  American  Telegraph  Co.,  for 
overhead  line  from  Cable  Station  at  Fishermans  Point  to  cable  hut, 
Guantanamo  Bay. 


DEL  AWAKE.  47 

RESERVATION  NO.   2. 

On  Conde  Bluff,  extending  one-eighth  nautical  mile  along  the 
beach  from  the  center  of  the  bluff  to  a  true  north-and-south  line, 
the  east  boundary;  north  along  this  line  one-quarter  nautical  mile; 
thence  west  along  a  true  east- and- west  line  to  a  point  100  feet  -east 
of  Guantanamo  River.  The  south  boundary  line  of  this  reservation 
to  be  determined  by  a  true  east-and-west  line  extending  from  a  point 
on  the  beach  three-eighths  nautical  mile  from  the  center  of  the 
bluff  to  a  point  100  feet  east  of  the  Guantanamo  Eiver.  The  west 
boundary  to  be  a  line  joining  the  two  points  above  given  100  feet 
east  of  the  Guantanamo  River,  the  strip  of  land  along  the  bank 
being  required  for  a  highway. 

This  is  not,  however,  to  prevent  the  Army  from  building  landing 
places  for  landing  its  stores  along  this  portion  of  the  river,  if  it  is 
necessary. 

RESERVATION   NO   3. 

All  that  land  on  the  west  side  of  the  harbor  as  is  included  between 
the  ocean,  bay,  and  river,  east  of  a  true  north  and  south  line  three- 
quarters  nautical  mile  west  from  St.  Nicholas  Point. 

DELAWARE. 

GENERAL  ACT  OF  CESSION. 

Be  it  enacted,  etc.,  SECTION  I.  That  the  consent  of  the  Legislature  of  Delaware 
be  and  the  same  is  hereby  given  to  the  purchase  by  the  Government  of  the  United 
States,  or  under  authority  of  the  same,  of  any  tract,  piece  or  parcel  of  land  not 
exceeding  one  hundred  acres  in  any  one  place  or  locality  from  any  individual  or 
individuals,  bodies  politic  or  corporate,  within  the  boundaries  or  limits  of  the 
State  of  Delaware,  for  the  purpose  of  erection  thereon  of  forts,  magazines, 
arsenals^  dockyards  and  other  needful  buildings ;  and  all  deeds,  conveyances,  or 
title  papers  for  the  same  shall  be  recorded  as  in  other  cases  upon  the  land  records 
of  the  county  in  which  the  land  so  conveyed  may  be  situated ;  and  in  like  manner 
may  be  recorded  a  sufficient  description,  by  metes  and  bounds,  courses  and  dis- 
tances, of  any  tracts,  legal  divisions  of  any  public  land  belonging  to  the  United 
States,  which  may  be  set  apart  by  the  general  government  for  any  or  either  of 
the  purposes  before  mentioned,  by  an  order  patent,  or  other  official  document  or 
papers  so  describing  such  land.  The  consent  herein  and  hereby  given  being  in 
accordance  with  the  eighteenth  clause  of  the  eighth  Section  of  the  first  Article 
of  the  Constitution  of  the  United  States,  and  with  the  Acts  of  Congress  in  such 
cases  made  and  provided. 

SEC.  2.  The  lots,  parcels,  or  tracts  of  land  so  selected  .together  with  the  tene- 
ments and  appurtenances,  for  the  purposes  before  mentioned,  shall  be  held 
exempt  from  taxation  by  the  State  of  Delaware. 

SEC.  3.  The  sovereignty  and  jurisdiction  of  this  State  shall  extend  over  all 
lands  hereafter  acquired  by  the  United  States  within  the  limits  of  this  State,  so 
far  as  that  all  civil  and  criminal  process,  issued  by  virtue  of  any  law  of  the  State, 
may  be  executed  in  any  part  of  the  lands  so  acquired,  or  the  building  or  struc- 
tures thereon  erected.  (Approved  May  19, 1898.  Laws  of  Delaware,  1898,  p.  3.) 

FORT  DELAWARE. 

This  reservation  is  situated  in  the  Delaware  River  near  the  town  of 
Newcastle  and  includes  the  whole  of  "Pea  Patch  Island,"  containing 
178  acres. 

12925°— 16 4 


48  UNITED   STATES    MILITARY    RESERVATIONS,  ETC. 

Title  and  jurisdiction. — Ceded  to  the  United  States  by  an  act  of  the 
State  legislature  approved  May  27, 1813,  as  follows: 

SECTION  1.  Be  it  enacted,  etc.,  That  all  the  right,  title,  and  claim  which  this 
State  has  to  the  jurisdiction  and  soil  of  the  island  in  the  Delaware,  commonly 
called  the  Pea-patch,  be,  and  the  same  is  hereby,  ceded  to  the  United  States  of 
America,  for  the  purpose  of  erecting  forts,  batteries,  and  fortifications,  for  the 
protection  of  the  river  Delaware  and  the  adjacent  country ;  upon  the  condition 
nevertheless,  that  the  said  forts,  batteries,  and  fortifications  shall  be  erected  and 
kept  up  at  the  expense  of  the  United  States,  and  also  that  all  process,  civil  and 
criminal,  issuing  under  the  authority  of  this  State  may  be  executed  and  served 
within  the  place,  the  jurisdiction  of  which  is  hereby  ceded  as  aforesaid,  in  the 
same  manner  as  if  no  such  cession  had  been  made. 

See  Ex.  Doc.  No.  21,  Thirtieth  Congress,  first  session  (Senate), 
report  of  the  Solicitor  of  the  Treasury  transmitting  decision  of  Hon. 
John  Sergeant,  in  favor  of  the  United  States  in  the  matter  of  the  Pea 
Patch  Island,  referred  to  him  as  sole  arbitrator  between  the  United 
States  claiming  title  from  the  State  of  Delaware  on  one  side,  and 
James  Humphrey  claiming  title  through  Henry  Gale  from  the  State 
of  New  Jersey  on  the  other. 

NOTE. — Title,  "  Pea  Patch  Island,  Delaware :"  The  territory  of  the  State  of 
Delaware  within  the  "  twelve-mile  circle  "  extends  across  the  Delaware  River 
to  low-water  mark  on  the  Jersey  shore.  So  held  in  the  arbitration  at  Philadel- 
phia, January  15,  1845. 

The  title  to  the  tract  having  afterwards  become  involved  in  dispute, 
the  f  ollowing  deeds  were  executed : 

1.  Deed  from  J.  T.  Hudson,  dated  August  13,  1842,  conveying  Pea 
Patch  Island. 

2.  Deed  from  James  Humphrey,  dated  June  9, 1847,  conveying  Pea 
Patch  Island.     Deed  recorded  in  book  5,  folio  605,  of  the  records  of 
Salem  County. 

DELAWARE  BREAKWATER. 

The  military  reservation  on  Delaware  Breakwater  Harbor  near 
Cape  Henlopen  is  located  about  a  third  of  a  mile  in  a  northeasterly 
direction  along  the  shore  line  from  the  United  States  iron  landing 
pier.  It  comprises  a  tract  about  2,100  feet  by  3,000  feet  and  has  an 
approximate  area  of  140  acres. 

Title  and  jurisdiction. — Ceded  to  the  United  States  by  an  act  of  the 
State  legislature  approved  February  5,  1873,  which  reads  as  follows : 

SECTION  1. — Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  general  assembly  met:  That  William  D.  Waples,  N.  W. 
Hickman,  and  Dr.  D.  H.  Houston,  of  Sussex  County  be,  and  they  are  hereby 
appointed  commissioners  on  the  part  of  the  State  of  Delaware,  and  they  or  a 
majority  of  them  are  hereby  authorized  and  empowered  in  conjunction  with 
any  agent  or  person  appointed  by  the  President  of  the  United  States,  or  by  the 
Secretary  of  War,  to  locate  and  fix  the  boundaries  of  any  quantity  of  land  be- 
longing to  the  State  of  Delaware,  not  exceeding  two  thousand  one  hundred  feet 
front  and  three  thousand  feet  deep  from  low-water  mark,  situated  and  lying  on 
the  Delaware  Bay  southeast  of  the  old  mole,  usually  called  the  Government  Mole, 
and  between  said  old  mole  and  the  point  of  Cape  Henlopen ;  and  the  land  be- 
longing to  the  State  of  Delaware  located  and  designated  by  the  boundaries  to 
be  fixed  and  determined  by  the  commissioners  aforesaid  in  conjunction  with  the 
agent  or  person  to  be  appointed  as  aforesaid  by  the  President  of  the  United 
States,  or  by  the  Secretary  of  War,  and  all  claim,  title,  and  right  of  soil  and 
jurisdiction  of  the  State  of  Delaware  in,  to,  or  over  the  same  is  hereby  ceded  to 
and  vested  in  the  United  States  in  perpetuity ;  and  that  a  plot  of  the  land  so 


DELAWARE.  49 

located  and  hereby  ceded  as  aforesaid  be  made  and  recorded  in  the  office  of 
the  recorder  in  and  for  Sussex  County  :  Provided,  That  the  sovereignty  and  juris- 
diction of  this  State  shall  extend  over  the  land  hereby  ceded  to  the  United 
States  so  far  as  that  all  civil  and  criminal  process  issued  under  any  law  of  this 
State  may  be  executed  in  any  part  of  said  lands  and  buildings  or  structures 
thereon  erected. 

SEC.  2. — Be  it  further  enacted  by  the  authority  aforesaid,  That  the  above 
cession  of  land  and  jurisdiction  hereby  made  is  upon  the  express  condition  that 
defenses  to  be  built  by  the  United  States  at  the  Delaware  Breakwater  harbor 
shall  be  constructed  thereon. 

Provisions  of  above  act  of  cession  were  complied  with  by  the 
appointment  of  J.  D.  Kurtz,  Lieutenant  Colonel  of  Engineers,  United 
States  Army,  as  agent  of  the  United  States  to  act  in  conjunction  with 
the  above  commissioners,  and  by  a  survey  made  under  their  direction 
fixing  and  determining  the  boundaries  of  the  tract  ceded.  Plat  of 
•survey  filed  in  recorder's  office,  Sussex  County,  Del.,  December  4, 
1873,  in  Book  B,  K,  No.  84,  pages  448,  etc. 

The  Attorney  General  in  an  opinion  dated  October  27,  1873,  rela- 
tive to  the  above  lands  held  "  that  the  United  States  derive,  under  the 
act  of  cession  mentioned,  a  valid  title  to  the  lands  referred  to." 

FORT  DU  PONT. 

This  reservation  is  situated  opposite  Fort  Delaware  (Pea  Patch 
Island),  in  Red  Lion  Hundred,  Newcastle  County,  and  contains 
269.32  acres,  with  metes  and  bounds  as  announced  in  G.  0. 140,  W.  D., 
August  28,  1908. 

Title. — 1.  Deed  from  Clement  Reeves  and  wife,  dated  September 
12, 1871 ;  recorded  September  23,  1871,  deed  record  O,  volume  9,  page 
10,  etc.,  in  deed  records  of  Newcastle  County. 

2.  Deed  from  Harry  C.  Clark  and  wife,  dated  July  24,  1899,  con- 
veying 111.5  acres.     Deed  recorded  in  record  B,  volume  18,  page  230, 
of  same  records. 

3.  Deed  dated  December  8, 1904,  from  Isaac  Reeves  et  al. ;  recorded 
April  4,  1905,  in  the  recorder's  office  at  Wilmington,  in  deed  record 
E,  volume  20,  page  559  et  seq.,  conveying  two  tracts  of  land  compris- 
ing an  area  of  95.52  acres  adjoining  the  reservation. 

Agreement  dated  August  25,  1913,  with  the  St.  George's  Marsh 
Co.,  granting  to  the  United  States  the  perpetual  right  to  drain  the 
reservation  through  a  drainage  ditch  constructed  and  owned  by  said 
company. 

Jurisdiction. — Ceded  over  tract  acquired  in  1871  by  act  of  the  State 
legislature  approved  January  30,  1867,  and  over  tracts  acquired  in 
1899  and  1904  by  act  approved  March  16,  1905.  These  acts  provide 
as  follows : 

SECTTON  1.  Be  it  enacted,  etc.,  That  Clement  Reeves  and  James  B.  Henry, 
both  of  New  Castle  County,  are  hereby  authorized  and  empowered  to  convey 
to  the  United  States  a  certain  tract  of  land,  situated  in  Red  Lion  hundred,  in 
said  county,  upon  which  the  United  States  has  recently  erected  a  fortification 
known  as  the  Ten  Gun  Battery,  and  also  the  road  leading  from  said  fortification 
to  the  Delaware  and  Chesapeake  Canal. 

SEC.  2.  And  be  it  further  enacted.  That  jurisdiction  over  the  said  land  and 
road  purchased  by  the  United  States  for  the  purposes  aforesaid  is  hereby  ceded 
to  the  United  States :  Provided,  nevertheless,  That  all  civil  and  criminal  process 
issued  under  the  authority  of  this  State  shall  continue  to  run  into  and  be  served 
and  executed  in  and  upon  said  tract  of  land  and  all  parts  thereof  in  the  same 
manner  as  if  the  jurisdiction  had  not  been  granted  as  aforesaid.  (Act  of  Jan. 
30,  1867.) 


50  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

There  does  not  seem  to  be  any  deed  from  the  James  B.  Henry 
mentioned  in  the  act  nor  evidence  of  title  in  said  Henry.  No  deed 
for  road  unless  included  in  land  conveyed  by  Reeves  and  wife. 

SECTION  1.  That  the  consent  of  the  Legislature  of  Delaware  be  and  the  same  is 
hereby  given,  pursuant  to  the  seventeenth  clause  of  the  eighth  section  of  the 
first  article  of  the  Constitution  of  the  United  States,  to  the  purchase  by  the 
United  States  of  the  three  tracts  of  land  aggregating,  approximately,  two  hun- 
dred and  seven  acres,  situate  in  Red  Lion  Hundred,  New  Tastle  County,  for 
the  enlargement  of  the  military  reservation  of  Fort  Du  Pont,  Delaware,  said 
tracts  comprising  about  one  hundred  and  eleven  and  five-tenths  acres,  acquired 
by  deed  from  Harry  C.  Clark-  and  wife,  dated  the  twenty-fourth  day  of  July, 
one  thousand  eight  hundred  and  ninety-nine,  and  recorded  in  Deed  Record  B, 
volume  eighteen,  page  two  hundred  and  thirty,  etc.,  in  the  Recorder's  Office  at 
Wilmington,  Delaware;  and  two  parcels  aggregating  about  ninety-five  and 
fifty-two  hundredths  acres,  to  be  purchased  from  Thomas  C.  Reeves  et  al.,  heirs 
of  Clement  Reeves,  deceased:  Provided,  That  the  sovereignty  and  jurisdiction 
of  this  State  shall  extend  over  said  lands  so  far  as  that  all  civil  process  and  such 
criminal  process  as  may  issue  under  the  authority  of  this  State  against  any 
person  or  persons  charged  with  crimes  or  other  offenses  committed  without  such 
lands  may  be  executed  thereon  in  the  same  way  and  manner  as  if  this  consent 
had  not  been  given.  (Act  of  Mar.  16, 1905.) 

MILITIA  TARGET  RANGE. 

This  range  is  situated  in  Newcastle  Hundred,  county  of  Newcas- 
tle, and  comprises  a  tract  of  227  acres,  of  which  2.51  acres  are  occu- 
pied by  the  right  of  way  of  the  Wilmington,  Newcastle  and  South- 
ern Railroad  Company,  and  1.68  acres  are  included  in  and  a  part 
of  the  public  road  bordering  the  tract. 

Title. — Deed  from  Alfred  R.  Haig,  et  ux.,  and  James  Alfred 
Smith,  et  ux.,  dated  November  16,  1898,  conveying  the  entire  tract. 
Recorded  in  the  recorder's  office,  Newcastle  County,  in  deed  record 
B,  volume  22,  page  403. 

Jurisdiction. — By  act  of  the  State  legislature,  approved  February 
11,  1907,  consent  was  given  to  the  purchase  of  any  tracts  which  may 
be  selected  for  use  as  a  target  range  by  the  National  Guard,  and  for 
the  purpose  of  erecting  thereon  such  buildings  as  may  be  necessary 
for  said  use,  not  exceeding  500  acres  in  the  aggregate,  subject  to  the 
following  provision : 

SEC.  3.  The  sovereignty  and  jurisdiction  of  this  State  shall  extend  over  all 
lands  hereafter  acquired  by  the  United  States  within  the  limits  of  this  State, 
so  far  as  that  all  civil  and  criminal  process,  issued  by  virtue  of  any  law  of 
this  State,  may  be  executed  in  part  of  the  lands  so  acquired  or  the  building  or 
structures  thereon  erected. 

DISTRICT  OF   COLUMBIA. 

AQUEDUCT  BRIDGE    (NORTHERN  APPROACH  TO). 

This  reservation  contains  172  square  feet. 

Title. — Decree  of  condemnation  for  172  square  feet  of  land  in  a 
cause  entitled  the  "  United  States  v.  Chesapeake  &  Ohio  Canal  Com- 
pany," in  the  Supreme  Court  of  the  District  of  Columbia.  Decree 
rendered  September  20,  1889,  and  filed  the  same  day  in  clerk's  office 
of  said  court.  The  decree  also  grants  a  right  of  way  49.37  feet  in 
width  across  the  canal  of  the  Chesapeake  &  Ohio  Canal  Co. 

(See  also  Aqueduct  Bridge,  Virginia.) 


DISTRICT    OF    COLUMBIA.  51 

Easement. — Act  of  Congress,  approved  January  29,  1903  (32  Stat., 
781),  provided  for  the  crossing  of  Aqueduct  Bridge  by  the  Great 
Falls  &  Old  Dominion  Railroad  Co. 

BATTLE  GROUND   NATIONAL  CEMETERY. 

This  reservation  is  situated  on  the  east  side  of  Georgia  Avenue, 
near  Brightwood,  being  a  portion  of  a  tract  adjoining  old  Washing- 
ton, known  as  "  Girls'  Portion,"  and  contains  1.033  acres. 

Title. — Possession  taken,  on  behalf  of  the  Government,  for  na- 
tional cemetery  purposes,  by  Quartermaster  General  M.  C.  Meigs, 
in  July,  1864.  Possession  retained  and  title  acquired  under  the  pro- 
visions of  the  act  of  Congress,  approved  February  22,  1867  (14 
Stat.,  399),  providing  for  national  cemeteries.  Land  appraised, 
paid  for,  and  title  passed  on  petition  of  the  owner,  James  Mulloy  v. 
The  United  States,  filed,  presented,  and  confirmed  in  the  Supreme 
Court  of  the  District  of  Columbia,  July  23,  1868.  Cause  No.  188, 
District  Court  docket. 

COLUMBIA  HARMONY  ASSOCIATION    (BURIAL  SITE). 

This  site  is  in  a  cemetery  belonging  to  the  Columbia  Harmony 
Association,  situated  near  the  city  of  Washington,  and  comprises 
lots  1  and  2. 

Title. — Acquired  by  purchase  from  the  Columbia  Harmony  Asso- 
ciation. For  the  care,  etc.,  of  the  graves,  the  property  is  in  the  pos- 
session of  the  above-named  association,  under  an  agreement  in  writ- 
ing, dated  October  1,  1868. 

DISTRICT  OF  COLUMBIA   MAGAZINE. 

This  reservation  is  situated  in  Georgetown,  now  a  part  of  the  city 
of  Washington,  and  contains  an  area  of  4  acres. 

Title. — Deed  from  Thomas  A.  Brooke,  dated  September  9,  1815 ; 
recorded  in  liber  A.  K.  No.  35,  folios  3  and  4  of  the  land  records  of 
Washington. 


This  property  is  situated  on  the  east  side  of  Tenth  Street,  between 
E  and  F  Streets  NW.,  in  the  city  of  Washington. 

Title.— 1.  Deed  from  John  T.  Ford,  dated  May  12,  1866.  Re- 
corded in  liber  737,  folio  321,  of  the  land  records  of  Washington 
County,  in  the  District  of  Columbia.  The  property  conveyed  in- 
cludes the  whole  of  lot  10  and  parts  of  lots  9  and  11  in  square  No. 
377.  It  was  acquired  under  authority  of  act  of  Congress  approved 
April  7,  1866  (14  Stat,  23). 

2.  Deed  from  Alex.  Y.  P.  Garnett  and  wife,  dated  July  13,  1874. 
Recorded  July  17,  1874,  in  liber  No.  757,  folio  133,  of  the  land  rec- 
ords of  Washington  County,  District  of  Columbia.  The  Garnett 
deed  conveys  a  part  of  lot  4  in  square  377,  in  rear  of  the  above  thea- 
ter property. 


52  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

SOLDIERS'  HOME  NATIONAL  CEMETERY. 

This  reservation,  containing  about  16  acres,  was  set  apart  for  a 
place  of  burial  for  officers  and  soldiers,  both  regular  and  volunteer, 
by  the  commissioners  of  the  military  asylum,  by  Special  Order  No. 
198,  dated  Adjutant  General's  Office,  July  25, 1861. 

WALTER  REED  UNITED   STATES   ARMY   GENERAL   HOSPITAL. 

This  reservation  is  situated  west  of  Georgia  Avenue,  near  the 
north  corner  of  the  District,  and  contains  an  area  of  about  43.27 
acres,  with  metes  and  bounds  as  announced  in  G.  O.  83,  W.  D.,  May 
2,  1906. 

Title. — 1.  Deed  from  George  W.  Madert  and  wife,  dated  April 
15,  1905,  conveying  43.27  acres;  received  for  record  September  8, 
1905,  and  recorded  in  liber  No.  2873,  folios  408  et  seq.,  land  records 
of  the  District  of  Columbia. 

2.  Deed  from  George  W.  Madert  and  wife,  dated  May  20,  1905, 
releasing  right  of  way  over  a  strip  of  land  ten  feet  wide  along  the 
southerly  boundary,  which  was  reserved  by  the  former  deed ;  received 
for  record  September  8,  1905,  and  recorded  in  liber  No.  2873,  foli«s 
410  et  seq.,  of  same  records. 

Revocable  licenses. — March  12^  1909,  to  the  Commissioners  of  the 
District  of  Columbia  to  construct  sewer. 

July  28,  1913,  to  said  commissioners  to  construct  outlet  sewer. 

September  2,  1913,  to  said  commissioners  to  construct  a  regulation 
chamber  in  connection  with  said  outlet  sewer. 

WASHINGTON  BARRACKS. 

This  reservation  is  situated  on  Greenleaf's  Point,  in  the  city  of 
Washington,  and  has  been  occupied  for  military  purposes  since  1797. 
The  area  of  the  original  reservation  was  28  acres  2  roods  and  31  poles. 

Title. — Reservation  acquired  under  act  of  July  16,  1790  (1  Stat, 
130),  designating  the  site  of  the  District  of  Columbia,  and  afterwards 
announced  by  Executive  order  dated  July  25,  1798.  The  area  of  the 
reservation  now  is  86.856  acres;  additional  land  having  been  pur- 
chased under  an  act  of  Congress  approved  March  3,  1857  (11  Stat., 
202),  and  the!  area  having  been  increased  considerably  by  accretion 
and  by  filling  in  the  low  land  and  shoal  water  along  the  west,  south, 
and  southeast  boundaries  of  the  reservation.  The  title  to  the  addi- 
tional lands  so  purchased  is  as  follows : 

1.  Deed  from  John  Kean,  dated  April  3,  1857;  conveying  square 
No.  548 ;  recorded  in  liber  I.  A.  S.  No.  147,  folios  258  and  259,  of  the 
land  records  for  Washington  County,  in  the  District  of  Columbia. 

2.  Deed  from  Thomas  Hogan  and  wife,  dated  April  12.  1857,  con- 
veying Lot  No.  8  in  square  548;  recorded  in  liber  I.  A.  S.  No.  147. 
folios  251,  252,  and  253,  of  same  records. 

3.  Deed  from  Michael  Dooley  and  wife,  dated  April  18,  1857,  con- 
veying Lot  No.  5,  in  square  548;  recorded  in  liber  I.  A.  S.  No.  147, 
folios  260,  '261,  and  262,  of  same  records. 


DISTRICT   OF    COLUMBIA.  53 

4.  Deed  from  W.  H.  Phillip,  dated  April  18,  1857,  conveying  Lots 
14,  15,  16,  17,  18,  19,  and  20  in  square  548;  recorded  in  liber  I.  A.  S., 
No.  147,  folios  262,  263,  and  264,  of  same  records. 

5.  Deed  from  William  B.  Todd  and  wife  and  William  H.  Phillip, 
dated  April  18,  1857,  conveying  square  No.  506;  all  of  square  south 
of  506;  all  of  square  east  of  549;  all  of  square  south  of  549;  all  of 
square  west  of  604 ;  all  of  square  west  of  606 ;  all  of  square  northwest 
of  606,  and  also  lot  24  of  square  505;  recorded  in  liber  I.  A.  S.  No. 
149,  folios  35,  36,  and  37,  of  same  records. 

6.  Deed  from  James  M.  Carlisle,  dated  April  20,  1857,  conveying 
Lots  1,  2,  3,  21,  22,  and  23  in  square  548 ;  recorded  in  liber  I.  A.  S. 
No.  147,  folios  246  and  247,  of  same  records. 

7.  Deed  from  Joseph  Moynihen  and  wife,  dated  April  27,  1857, 
conveying  Lot  No.  6  in  square  548 ;  recorded  in  liber  I.  A.  S.  No.  147, 
folios  255,  256,  and  257,  of  same  records. 

8.  Deed  from  Winifred  Martin,  dated  April  28,  1857,  conveying 
Lot  No.  4  in  square  548 ;  recorded  in  liber  I.  A.  S.  No.  149,  folios  37, 
38,  and  39,  of  same  records. 

9.  Deed  from  William  B.  Todd  and  wife,  dated  April  28,  1857, 
conveying  Lot  No.  9  in  square  548;  recorded  in  liber  I.  A.  S.  No. 
148,  folios  44,  45,  46,  and  47,  of  same  records. 

10.  Deed  from  James  E.  Johnson  and  wife,  dated  April  29,  1857, 
conveying  all  of  square  east  of  square  548;  all  of  square  east  of 
square  east  of  square  548,  and  Lots  Nos.  10,  11,  12,  and  13,  in  square 
548 ;  recorded  in  liber  I.  A.  S.  No.  147,  folios  253,  254,  and  255,  of 
same  records. 

11.  Deed  from  William  Gunton,   Stanislaus  Murray,  Archibald 
Henderson,  Jacob  Gideon,  Benjamin  F.  Middleton,  and  "John  F.  Cal- 
lan,  surviving  trustees  of  the  Bank  of  Washington,  dated  April  30, 
1857;  conveying  square  549;  recorded  in  liber  I.  A.  S.  No.  147,  folios 
248  and  249,  of  same  records. 

12.  Deed  from  John  B.  Kibbey  and  wife,  dated  May  6,  1857,  con- 
veying all  of  square  south  of  south  of  square  506;  recorded  in  liber 
I.  A.  S.  No.  149,  folios  39,  40,  and  41,  of  same  records. 

13.  Deed  from  Samuel  Byington  and  wife,  dated  August  7,  1857, 
conveying  lots  1,  2,  3,  4,  5,  6,  7,  8,  9,  10,  11,  12,  13,  14,  15,  16,  17,  18, 
19,  20,  21,  22,  23,  and  25  in  square  505;  recorded  in  liber  I.  A.  S.  No. 
148,  folios  41,  42,  43,  and  44,  of  same  records. 

14.  Deed  from  Buckner  Bayliss  and  wife,  dated  October  23,  1857, 
conveying  lot  No.  7  in  square  548 ;  recorded  in  liber  I.  A.  S.  No.  147, 
folios  249,  250,  and  251,  of  same  records. 

15.  Deed  from  Walter  Lenox,  trustee,  et  al,  dated  December  23, 
1857,  conveying  all  of  square  505 ;  recorded  in  liber  I.  A.  S.  No.  148, 
folios  38,  39,  and  40,  of  same  records. 

Washington  Arsenal  turned  over  to  the  Quartermaster's  Depart- 
ment and  name  changed  to  Washington  Barracks  May  12, 1881,  under 
authority  of  G.  O.  No.  46,  A.  G.  O.,  1881. 

Revocable  license. — March  17,  1906,  to  the  Chesapeake  &  Potomac 
Telephone  Co.,  to  erect,  operate,  and  maintain  telephone  line. 

Jurisdiction. — For  jurisdiction  over  all  the  foregoing-described 
property  in  the  District  of  Columbia  see  clause  17  of  section  8,  Article 
I,  of  the  Constitution  of  the  United  States. 


54  UNITED    STATES    MILITARY    RESERVATIONS,  ETO. 

FLORIDA. 

GENERAL    ACT    OF    CESSION. 

SECTION  1.  *  *  *  The  United  States  are  hereby  authorized  and  empowered 
to  purchase,  acquire,  hold,  own,  occupy  and  possess  such  lands  within  the  limits 
of  this  State  as  they  shall  seek  to  occupy  and  hold  as  sites  on  which  to  erect 
and  maintain  forts,  magazines,  arsenals,  dock  yards  and  other  needful  buildings, 
or  any  of  them,  as  contemplated  and  provided  in  the  Constitution  of  the  United 
States;  *  *  * 

Section  2  provides  for  condemnation  of  lands  when  price  not  agreed 
upon. 

SEC.  3.  *  *  *  Whenever  the  United  States  shall  contract  for,  purchase  or 
acquire  any  land  within  the  limits  of  this  State  for  the  purposes  aforesaid  in 
either  of  the  modes  above  mentioned  and  provided,  or  shall  hold  for  such  pur- 
poses lands  heretofore  lawfully  acquired  or  reserved  therefor,  and  shall  desire 
to  acquire  constitutional  jurisdiction  over  such  land  for  said  purposes,  it  shall 
be  lawful  for  the  Governor  of  this  State,  upon  application  made  to  him  in  writing 
on  behalf  of  the  United  States  for  that  purpose,  accompanied  by  the  proper  evi- 
dence of  said  reservation,  purchase,  contract,  or  acquisition  of  record,  describing 
the  land  sought  to  be  ceded  by  convenient  metes  and  bounds,  thereupon,  in  the 
name  and  on  behalf  of  this  State,  to  cede  to  the  United  States  exclusive  juris- 
diction over  the  land  so  reserved,  purchased  or  acquired  and  sought  to  be  ceded  ; 
the  United  States  to  hold,  use,  occupy,  own,  possess  and  exercise  said  jurisdic- 
tion over  the  same  for  the  purposes  aforesaid,  and  none  other  whatsoever: 
Provided,  always,  That  the  consent  aforesaid  is  hereby  given,  and  the  cession 
aforesaid  is  to  be  granted  and  made  as  aforesaid,  upon  the  express  condition 
that  this  State  shall  retain  a  concurrent  jurisdiction  with  the  United  States  in 
and  over  the  land  or  lands  so  to  be  ceded,  and  every  portion  thereof,  so  far 
that  all  process,  civil  or  criminal,  issuing  under  authority  of  this  State,  or  of 
any  of  the  courts  or  judicial  officers  thereof,  may  be  executed  by  the  proper 
officers  thereof,  upon  any  person  or  persons  amenable  to  the  same,  within  the 
limits  and  extent  of  land  or  lands  so  ceded,  in  like  manner  and  to  like  effect 
as  if  this  law  had  never  been  passed  ;  saving,  however,  to  the  United  States 
security  to  their  property  within  said  limits  and  extent,  and  exemption  of  the 
same,  and  of  said  land  or  lands  from  any  taxation  under  the  authority  of  this 
State  while  the  same  shall  continue  to  be  owned,  held,  used  and  occupied  by  the 
United  States  for  the  purposes  above  expressed  and  intended,  and  not  otherwise. 
(Approved  July  24, 1845.  Rev.  Stats.  Florida,  1892,  p.  113.) 

GENERAL  ACT  AS  TO   SUBMERGED  LANDS. 

By  act  approved  December  27,  1856  (R.  S.  Fla.,  1892,  sec.  454),  the 
State  of  Florida  "  for  the  benefit  of  commerce  "  divested  itself— 

Of  all  right,  title  and  interest  to  all  lands  covered  by  water,  lying  in  front  of 
any  tract  of  land  owned  by  a  citizen  of  the  United  States,  or  by  the  Vnitcd 
States,  for  public  purposes,  lying  upon  any  navigable  stream  or  bay  of  the  sea 
or  harbor,  as  far  as  the  edge  of  the  channel,  and  hereby  vests  the  full  title  to 
the  same  in  and  to  the  riparian  proprietors,  giving  them  the  full  right  and  priv- 
ilege to  build  wharves  into  streams  or  waters  of  the  bay  or  harbor  as  far  as 
may  be  necessary  to  effect  the  purposes  described,  and  to  fill  up  from  the  shore, 
bank  or  beach  as  far  as  may  be  desired,  not  obstructing  the  channel,  but  leaving 
full  space  for  the  requirements  of  commerce,  and  upon  lands  so  filled  in,  to  erect 
warehouses  or  other  buildings ;  and  also  the  right  to  prevent  encroachments  of 
any  other  person  upon  all  such  submerged  land  in  the  direction  of  their  lines 
continued  to  the  channel,  by  bill  in  chancery,  or  at  law.  and  to  have  and  main- 
tain action  of  trespass  in  any  court  of  competent  jurisdiction  in  the  State,  for 
any  interference  with  such  property,  also  confirming  to  the  riparian  proprietors 
nil  improvements  which  have  heretofore  been  made  upon  submerged  lands,  for 
the  purposes  herein  mentioned. 


FLORIDA.  55 

ANASTASIA  ISLAND  MILITARY  RESERVATION. 

This  reservation  is  situated  in  St.  John's  County  near  the  city  of 
St.  Augustine,  and  contains  TOO  acres,  being  the  SE.  J  of  sec.  21 ;  alJ 
of  f  rac.  sec.  22 ;  the  NE.  J  of  the  NE.  J  of  sec.  28,  and  all  of  sec.  27  in 
T.  7  S.,  R.  30  E.,  and  also  all  the  lands  formed  by  the  sea  since  the 
United  States  survey  of  1855  lying  east  of  said  knds  and  between  the 
north  boundary  line  prolonged  of  said  SE.  J  of  sec.  21  and  the  south 
boundary  line  prolonged  of  sec.  27. 

Title.— Executive  order  dated  May  4,  1893  (G.  O.  68,  A.  G.  O., 
Aug.  21,  1893),  reserving  the  above-described  lands  for  military 
purposes. 

Easement. — Prior  to  the  reservation  of  Anastasia  Island  for  mili- 
tary purposes,  the  Secretary  of  the  Interior,  under  date  of  October 
11,  1886,  granted  a  right  of  way  200  feet  wide  to  the  St.  Augustine  & 
South  Beach  Railway  Co.  Said  right  of  way  to  extend  from  lot  3, 
sec.  17,  T.  7  S.,  R.  30  E.,  to  sec.  24,  T.  9  S.,  R.  30  E.,  excepting  "  that 
portion  within  the  limits  of  the  light  house  reservation,"  which  in- 
cludes lots  1  and  2,  sec.  21,  T.  7  S.,  R.  30^E. 

The  company  subsequently  amended  its  line  of  route  so  as  to  avoid 
the  light  house  reservation,  and  the  map  of  the  amended  definite  loca- 
tion was  approved  under  act  of  1875  by  the  Secretary  of  the  Interior 
on  May  23,  1888. 

Revocable  license. — April  3,  1906,  to  Conrad  Decher  to  occupy  and 
use  certain  lands  for  terminal  purposes  and  right  of  way.  Property, 
etc.,  of  railway  transferred  to  St.  Johns  Electric  Light  &  Power  Co. 

Jurisdiction. — Ceded  to  the  United  States  by  deed  of  the  governor 
of  the  State  dated  September  4,  1893.  Recorded  in  the  office  of  the 
secretary  of  state  of  the  State  of  Florida  in  mortgage  book  A,  pages 
316-320,  inclusive.  Deed  executed  under  authority  of  general  act  of 
cession. 

FORT  BARRANCAS. 

This  reservation  is  situated  on  the  north  side  of  Pensacola  Harbor, 
9  miles  southwest  of  Pensacola,  1  mile  from  Fort  Pickens,  in  Escam- 
bia  County,  and  contains  an  area  of  about  2,590  acres. 

Title.— By  article  2  of  the  treaty  of  February  22,  1819,  with  Spain, 
by  which  that  nation  ceded  to  the  United  States  the  territory  of 
the  Floridas,  including  "  all  public  lots  and  squares,  vacant  lands, 
public  edifices,  fortifications,  barracks,  and  other  buildings  which 
are  not  private  property,"  the  fort  at  Barrancas  and  its  depend- 
encies, then  occupied  as  a  military  work,  passed  to  the  United  States, 
this  Nation  succeeding  to  the  rights  of  the  Crown.  By  act  of  Con- 
gress approved  April  22,  1826  (4  Stat.,  156),  the  lands  fronting 
Pensacola  Bay,  from  the  mouth  of  the  Big  Bayou  to  a  line  below 
Tartar.  Point,  and  thence  back  to  the  bayou,  selected  by  the  Navy 
commissioners,  and  all  the  lands  fronting  said  bay,  and  for  1  mile 
back,  so  far  as  Grand  Lagoon,  were  reserved  from  sale  or  location 
for  the  use  of  the  navy  yard  or  depot  and  for  other  public  works 
of  the  United  States,  and  by  Executive  order,  dated  January  10, 
1838,  were  reserved  for  naval  purposes.  By  Executive  order,  dated 
May  11,  1844,  a  transfer  of  1,667  acres,  lying  adjacent  to  and  at 


56  UNITED   STATES    MILITARY   RESERVATIONS,  ETC. 

Barrancas  and  running  north  to  Bayou  Grande,  was  made  from  the 
above  naval  reservation  to  the  military  authorities,  and  this  tract, 
modified  by  a  change  in  one  of  the  division  lines  between  the  two 
reservations  by  Executive  order  of  March  26,  1847,  constituted  the 
entire  military  reservation  until  May  21,  1888,  when  the  boundaries 
were  enlarged  by  a  transfer  of  another  portion  of  said  naval  reser- 
vation by  an  Executive  order  of  that  date.  (G.  O.  35,  A.  G.  O., 
May  29,  1888.)  By  an  Executive  order,  dated  October  2,  1891  (G. 
O.  18,  A.  G.  O.,  Mar.  15,  1892),  the  boundaries  were  again  enlarged 
by  a  modification  of  the  naval  reservation,  transferring  to  the  military 
reservation  sufficient  land  to  form  the  present  area. 

Easement.— By  act  of  Congress  approved  July  21,  1892  (27  Stat., 
253),  a  right  of  way  through  the  reservations  near  Pensacola  was 
granted  to  the  Mexican  Gulf,  Pacific  &  Puget  Sound  Railroad  Co. 
(now  the  Pensacola  Terminal  Co.). 

Lease. — For  5  years  from  February  1,  1911,  to  James  H.  Jones, 
of  lot  1,  sec.  1,  containing  34.50  acres,  and  lot  2,  sec.  3,  containing 
65  acres,  both  lots  in  T.  3  S.,  R.  31  W. 

Revocable  licenses. — August  27,  1888,  to  Treasury  Department  to 
occupy  portion  of  reservation  for  light-house  purposes. 

May  4,  1893,  to  Pensacola  Terminal  Co.  to  extend  its  track  660 
feet  on  the  reservation. 

October  8,  1906,  to  Pensacola  Electric  Railway  Terminal  Co.  to 
construct  and  maintain  loop  in  connection  with  its  railway  on  reser- 
vation; also,  March  13,  1907,  to  electrify  and  use  Government  tracks 
to  facilitate  delivery  of  freight  on  reservation. 

June  1,  1909,  to  Department  of  Commerce  and  Labor  to  occupy  a 
site  containing  about  5  acres  on  the  reservation,  and  to  erect  there- 
upon a  dwelling  for  the  keeper  of  the  Caucus  Cut  and  Fort  McRee 
Light  Stations. 

Jurisdiction. — Ceded  to  the  United  States  by  deed  of  the  governor 
of  the  State,  dated  September  4,  1893 ;  recorded  in  the  office  of  the 
secretary  of  state  of  the  State  of  Florida,  in  mortgage  book  A,  pages 
316  to  320,  under  the  provisions  of  an  act  of  the  State  legislature 
approved  July  24,  1845.  (See  "General  act  of  cession.") 

BARRANCAS  NATIONAL  CEMETERY. 

This  cemetery  is  situated  on  the  naval  reservation  near  Fort 
Barrancas,  in  Escambia  County,  and  contains  about  8.56  acres. 

Title. — Ceded  to  the  United  States  by  Spain  under  the  provisions 
of  the  treaty  of  February  22,  1819. 

See  also  "  Fort  Barrancas." 

Jurisdiction. — See  "  General  act  of  cession." 

CAYO  COSTA,  OR  BOCA  GRANDE  ISLAND. 

This  reservation  is  situated  at  the  entrance  to  Charlotte  Harbor, 
in  Lee  County,  and  includes  the  north  end  of  the  island  for  a  length 
of  2  miles  from  its  northern  extremity.  It  contains  an  area  of 
1,176.24  acres,  embracing  all  of  fractional  sec.  36  and  lot  2  of  sec.  35, 
T.  43  S.,  R.  20  E. ;  all  of  fractional  sees.  1  and  2,  and  lots  1,  2,  and  3, 
and  the  S.  \  of  the  NE.  J  of  sec.  12,  T.  44  S.,  R.  20  E. ;  and  all  of 
fractional  sec.  6,  and  lots  1,  2,  and  3  of  sec.  7,  T.  44  S.,  R.  21  E. 


FLORIDA.  57 

Title. — As  a  part  of  the  public  domain,  it  was  reserved  for  mili- 
tary purposes  by  Executive  order  dated  November  17,  1882.  Its 
extent  and  limits  were  more  clearly  defined  by  Executive  order  dated 
May  27,  1910  (G.  O.  108,  W.  D.,  June  11,  1910). 

Revocable  licenses. — July  5,  1892,  to  the  State  Board  of  Health  of 
Florida  to  erect  and  maintain  a  small  cottage  for  the  use  of  inspect- 
ing officer  and  boatman  of  the  said  board,  near  the  shore  on  the 
northwest  end  of  reservation. 

January  27,  1903,  to  the  Treasury  Department  to  use  a  portion  of 
the  reservation  on  La  Costa  Island  for  the  purposes  of  the  Marine 
Hospital  Service. 

Jurisdiction. — Ceded  to  the  United  States  by  deed  of  the  governor 
of  the  State  dated  December  25,  1912.  Recorded  in  the  office  of  the 
secretary  of  state  of  Florida  in  deed  book  A,  pages  76  and  77,  under 
the  provisions  of  the  act  of  the  State  legislature  approved  July  24, 
1845.  (See  "  General  act  of  cession.") 

CEDAR  KEYS    (AND  FORT  HOWARD). 

This  reservation  is  situated  at  the  mouth  of  the  Suwanee  River  in 
Levy  County,  and  comprises  the  islands  of  North  Key  and  Snake 
Key,  containing  an  area  of  202.8  acres.  The  island  of  Sea  Horse 
Key  was  also  formerly  embraced  within  the  limits  of  this  reservation. 

Title. — Part  of  the  public  domain  reserved  by  Executive  order 
dated  March  2,  1840.  Sea  Horse  Key  was  set  apart  by  the  President 
for  lighthouse  purposes  September  25,  1851. 

Lease. — October  25,  1912,  of  the  North  Key  Reservation  for  5 
years  from  November  1, 1912,  to  Joseph  Bpothby. 

Jurisdiction. — See  "  General  act  of  cession." 

FORT  CLINCH. 

This  reservation  is  situated  on  the  north  end  of  Amelia  Island,  in 
Nassau  County,  about  50  miles  north  of  St.  Augustine,  and  contains 
about  694.5  acres. 

Title. — 1.  Executive  order  dated  February  29,  1842,  reserving 
from  the  public  domain  for  military  purposes  fractional  sec.  8,  T.  3 
N.,  R.  29  E.,  and  fractional  sec.  11,  and  lots  1  and  2  of  fractional  sec. 
14,  T.  3  N.,  R.  25  E.  Area  reserved,  420  acres. 

2.  Deed  from  George  R.  Fairbanks  and  wife,  dated  October  20, 
1849,  conveying  100  acres,  more  or  less.     Recorded  in  the  clerk's 
office,  Nassau  County,  June  20,  1853,  in  book  D,  pages  174  to  177. 

3.  Deed  from  George  R.  Fairbanks,  commissioner,  etc.,  dated  July 
9,  1850,  under  decrees  of  the  Nassau  Circuit  Court,  May  term,  1849, 
conveying  400  acres.     Recorded  in  book  D,  pages  162-174  of  same 
records. 

By  Executive  order  dated  March  3,  1897,  a  portion  of  lots  1  and  2 
of  sec.  14,  T.  3  S.,  R.  28  E.  of  Tallahasse  meridian,  therein  described, 
comprising  225.5  acres,  was  relinquished  to  Interior  Department. 

Revocable  licenses. — October  30,  1871,  to  the  Treasury  Depart- 
ment to  erect  two  range  beacon  lights  on  the  reservation. 

January  27,  1893,  to  the  Treasury  Department  to  use  for  the  pur- 
poses of  the  Marine-Hospital  Service  a  square  five  hundred  feet  to 


58  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

either  side  of  the  quarantine  gangway  and  extending  back  on  the 
island  to  a  depth  of  one  thousand  feet. 
Jurisdiction. — Same  as  Fort  Barrancas. 

FORT  DADE. 

This  reservation  is  situated  near  the  entrance  to  Tampa  Bay,  in 
Hillsboro  County,  and  includes  the  whole  of  Egmont  Key,  with  the 
exception  of  15  acres  at  the  north  end  reserved  for  lighthouse  pur- 
poses. It  contains  378  acres,  with  metes  and  bounds  as  announced 
in  G.  O.  90,  W.  D.,  May  14,  1906. 

Title. — It  was  reserved  from  the  public  domain  for  military  pur- 
poses by  Executive  order  dated  November  17,  1882. 

Control  and  custody  of  about  2  acres  of  the  Egmont  Key  Light- 
house reservation  was  transferred  temporarily  to  the  War  Depart- 
ment by  the  Secretary  of  Commerce  and  Labor  March  10,  1911. 

Revocable  licenses. — May  28,  1904,  to  the  Navy  Department  for 
the  "  occupancy  and  use,  for  the  purposes  of  a  naval  coast  signal  sta- 
tion," of  about  5  acres  of  this  reservation  with  permission  to  erect  a 
wooden  shelter  house  and  a  signal  mast. 

February  17,  1912,  to  the  Tampa  Bay  Pilots'  Association  to  main- 
tain a  small  wharf,  a  pilot  lookout,  and  seven  small  dwellings  upon 
the  reservation. 

July  13,  1914,  to  the  Tampa  Bay  Pilots'  Association  to  tap  the 
Government  water  main  on  the  reservation. 

September  28,  1915,  to  the  Department  of  Commerce  to  establish 
a  fog  signal. 

Jurisdiction. — Ceded  in  accordance  with  paragraph  3  of  the  gen- 
eral act  of  cession  by  deed  from  the  governor  of  the  State  June  28, 
1904.  Deed  recorded  in  deed  book  A,  pages  45  to  48,  in  the  office  of 
the  secretary  of  state  of  Florida. 

FORT  DE  SOTO. 

This  reservation  is  situated  near  the  entrance  to  Tampa  Bay,  in 
Hillsboro  County,  about  25  miles  from  Tampa.  It  includes  all  of 
Mullet  Key,  except  about  271  acres  of  the  main  island,  which  tract 
was  transferred  to  the  Treasury  Department  for  quarantine  purposes 
May  15, 1899,  and  contains  613  acres. 

Title. — Reserved  from  the  public  domain  for  military  purposes  by 
Executive  order  dated  November  17,  1882. 

Lease. — For  5  years  from  April  15,  1914,  to  Winfield  S.  White- 
hurst,  of  a  parcel  of  ground  1,000  by  1,000  feet  in  area  on  Hospital 
Key,  one  of  the  group  of  keys  known  as  Mullet  Key,  for  residence 
purposes. 

Revocable  licenses. — October  15,  1903,  to  the  Palmetto  Ice  &  Power 
Co.  to  construct  and  maintain  a  small  ice  house  on  the  reservation. 

August  20,  1913,  to  the  Department  of  Agriculture  for  the  tem- 
porary occupation  of  a  vacant  set  of  quarters  by  Asa  N.  Pillsbury, 
warden  of  the  national  bird  reservations  in  Tampa  Bay. 

Jurisdiction. — Ceded  in  accordance  with  paragraph  3  of  the  gen- 
eral act  of  cession  by  deed  from  the  governor  of  the  State  June  28. 
1904.  Deed  recorded  in  deed  book  A,  pages  45  to  48,  in  the  office  of 
the  secretary  of  state  of  Florida. 


FLORIDA.  59 

FLAG  ISLAND. 

This  reservation  comprises  a  small  island  situated  southwest  of 
the  West  Pass,  or  entrance  to  St.  Georges  Sound,  in  Franklin  County, 
and  contains  an  area  of  about  2}  acres. 

Title. — A  part  of  the  public  domain,  it  was  reserved  for  military 
purposes  by  Executive  order  dated  November  17,  1882. 

Jurisdiction. — See  "  General  act  of  cession." 

GASPARILLA  ISLAND. 

This  reservation  is  situated  at  the  entrance  to  Charlotte  Harbor,  in 
De  Soto  County,  and  includes  the  south  end  of  the  island  for  a  length 
of  2  miles  from  its  southern  extremitv.  It  embraces  all  of  fractional 
sees.  23,  24,  and  26,  and  lot  1  of  sec.  35,  of  T.  43  S.,  B,  20  E. 

Title. — A  part  of  the  public  domain,  it  was  reserved  for  military 
purposes  by  Executive  order  dated  November  17,  1882.  Its  extent 
and  limitations  were  more  clearly  defined  by  Executive  order  dated 
May  27, 1910  (G.  0. 108,  W.  D.,  June  11, 1910). 

The  custody  of  a  portion  of  the  reservation  was  conditionally  trans- 
ferred to  the  Treasury  Department  for  lighthouse  purposes  "August 
22,  1902. 

Easement. — Approval  by  the  Secretary  of  War,  January  30,  1906, 
and  by  the  Secretary  of  Commerce  and  Labor,  February  1,  1906, 
under  act  of  June  13, 1902  (32  Stat,  384),  of  location  of  right  of  way 
granted  to  the  Alafia,  Manatee  &  Gulf  Coast  Railway  Co..  through  the 
military  and  lighthouse  reservations,  with  authority  to  occupy,  for 
general  traffic,  coaling  station,  and  for  terminal  facilities,  a  tract  of 
land,  at  a  yearly  rent  of  $500.  Amended  location  within  military 
reservation,  approved  April  25,  1906. 

Leases. — For  5  years  from  January  20,  1914,  of  small  tract  con- 
taining about  6  acres  on  Charlotte  Harbor  to  Charlotte  Harbor  & 
Northern  Railway. 

For  5  years  from  December  1,  1913,  of  lands,  except  those  covered 
by  above  easement  and  lease,  to  Boca  Grande  Land  Co. 

Revocable  licenses. — May  11,  1914,  to  the  Boca  Grande  Land  Co., 
to  drive  wells  and  erect  a  small  pumping  plant  upon  the  land  occupied 
by  said  company  under  lease  upon  the  reservation. 

May  5,  1915,  to  the  Charlotte  Harbor  &  Northern  Railway,  the 
successor  to  the  Alafia,  Manatee  £  Gulf  Coast  Railway  Co.,  to  extend 
its  tracks  upon  the  reservation  about  600  feet  beyond  that  portion 
occupied  for  terminal  purposes  under  act  of  June  13,  1902,  supra. 

May  11,  1914,  to  the  Boca  Grande  Land  Co.,  to  drive  wells  and 
erect  a  small  pumping  plant  upon  the  land  occupied  by  said  company 
under  lease  upon  the  reservation. 

Jurisdiction. — See  "  General  act  of  cession." 

KEY  WEST  BARRACKS. 

This  reservation  is  situated  on  the  Island  of  Key  West,  in  Monroe 
County,  and  contains  an  area  of  22.79  acres. 

Title. — Purchased  under  authority  of  act  of  Congress  approved 
March  2, 1833  (4  Stat.,  644),  and  evidenced  by— 


60  UNITED    STATES    MILITARY   RESERVATIONS,  ETC. 

1.  Deed  from  Mary  K.  Fleeming  et  al.,  dated  December  14,  1833, 
conveying  14.79  acres.    Recorded  in  liber  B,  folios  47  to  50,  of  the 
deed  records  of  Monroe  County. 

2.  Deed  from  Pardon  C.  Greene,  dated  May  4,  1835,  conveying  lots 
therein  described.    Recorded  in  book  B,  page  183,  of  same  records. 

3.  Deed  from  James  Webb  and  wife,  dated  June  1, 1837,  conveying 
about  8  acres.    Recorded  in  book  B,  pages  396  to  398  of  same  records. 

See  also  "General  act  as  to  submerged  lands,"  supra. 

Easements. — Under  deed  of  conveyance,  dated  December  14,  1833, 
the  heirs  of  the  grantors  have  a  right  of  way  sufficiently  wide  for 
two  carts  abreast  along  the  beach  on  the  north  front  of  the  garrison. 

Permission,  March  21,  1907,  under  authority  of  act  of  Congress 
approved  March  2,  1907  (34  Stat.,  1169),  to  the  Florida  East  Coast 
Railway  Co.  to  make  a  fill  and  construct  an  embankment  upon  the 
submerged  lands  in  front  of  the  reservation  and  to  use  the  same  for 
railway  purposes. 

Authority  granted  to  the  Secretary  of  War  by  act  approved  Febru- 
ary 25, 1913  (37  Stat.,  351),  to  exchange  a  portion  of  the  reservation 
for  certain  lands  in  front  thereof  filled  in  by  the  Florida  East  Coast 
Railway  Co. 

Revocable  licenses. — February  12,  1885,  to  International  Ocean 
Telegraph  Co.  to  construct  cable  hut  on  the  reservation. 

May  25,  1906,  to  the  Southern  Bell  Telephone  Co.  for  telephone 
system  on  reservation. 

Jurisdiction. — Consent  to  purchase  and  jurisdiction  ceded  by  an 
act  of  the  State  legislature  approved  July  8, 1845,  as  follows : 

SECTION  1.  Be  it  enacted,  etc.,  That  the  United  States  be,  and  they  are  hereby 
authorized  and  empowered  to  purchase,  hold,  occupy  and  possess  the  tract  of 
land  in  the  preamble  above  referred  to  (a  tract  of  land  consisting  of  several 
parcels,  situated  on  the  Island  of  Key  West  in  Monroe  County,  between  Light- 
House  Point  and  the  City  of  Key  West)  as  the  same,  or  the  extent  and  limits 
thereof  shall  be  ascertained,  described  and  conveyed  in  the  instrument  or  instru- 
ments, which  shall  be  executed  for  the  conveyance  of  the  same  in  pursuance 
of  said  negotiations.  And  the  United  States  may  and  shall  have  and  exercise 
exclusive  jurisdiction  over  said  tract  of  land  within  the  extent  and  limits  to  be 
ascertained  and  described  as  aforesaid,  as  well  as  over  any  land  or  site  that  may 
be  formed  or  constructed  in  the  contiguous  sea,  and  used  and  occupied  by  the 
United  States  for  said  purposes  (of  erecting  and  constructing  on  said  land  cer- 
tain fortifications  and  the  improvements  connected  therewith)  in  connection  with 
the  tract  above  mentioned,  so  long  as  they  shall  deem  it  proper  to  hold  and  occupy 
the  same  for  the  purposes  aforesaid :  Provided,  That  nothing  herein  contained 
shall  be  so  construed  as  to  prevent  or  debar  the  proper  officers  of  the  State  of 
Florida  from  executing  any  process,  civil  or  criminal,  within  the  limits  and  extent 
of  said  land  or  lands  when  ascertained,  described,  and  occupied  as  aforesaid. 

This  act  was  afterwards  enlarged  by  the  act  approved  July  24, 
1845,  for  which  see  "  General  act  of  cession."  Jurisdiction  also  ceded 
by  governor's  deed  of  January  29,  1896. 

KEY  WEST  CEMETERY. 

This  burial  lot  is  situated  in  tract  No.  7,  Island  of  Key  West,  and 
contains  about  one-third  of  an  acre. 

Title. — Deed  from  Euphemia  Maloney  to  the  United  States  dated 
February  25,  1897;  recorded  in  book  R  R,  deeds,  pages  94  and  95,  of 
the  records  of  Monroe  County. 

Jurisdiction. — See  "  General  act  of  cession." 


FLORIDA.  61 

FORT 


This  reservation  is  situated  at  the  entrance  to  Pensacola  Bay,  and 
embraces  so  much  of  the  public  land  as  lies  within  1  mile  of  the  fort 
(necessary  land  for  two  beacon  lights  and  keeper's  dwelling  excepted) 
which  has  been  erected  on  Foster's  Bank  and  which  is  nearly  opposite 
to  and  west  of  the  west  end  of  Santa  Rosa  Island.  It  contains  an 
estimated  area  of  about  400  acres. 

Title.  —  As  part  of  the  public  domain,  it  was  reserved  for  military 
purposes  by  Executive  order  dated  February  9,  1842. 

Lease.  —  For  five  years  from  July  15,  1913,  to  M.  Goldbach,  of 
"  Scallop  Pond,"  on  this  reservation,  together  with  approximately  10 
acres  of  land  bordering  thereon. 

Jurisdiction.  —  Same  as  Fort  Barrancas. 

FORT  MARION. 

This  reservation  is  situated  in  the  city  of  St.  Augustine,  and  con- 
tains an  approximate  area  of  18.09  acres.  The  fort  is  an  old  Spanish 
work,  said  to  have  been  commenced  in  1565,  and  completed  in  1756, 
under  the  name  of  Castle  of  St.  Mark.  Its  name  was  changed  to  its 
present  designation  January  7,  1825.  The  fort  and  adjacent  lands 
comprising  the  reservation  originally  contained  an  area  of  22.42  acres. 
By  authority  of  act  of  Congress  approved  February  21,  1907  (34  Stat., 
913)  ,  on  March  12,  1908,  the  property  known  as  "  The  Lines,"  located 
within  the  reservation  and  containing  an  approximate  area  of  4.18 
acres,  was  conveyed  to  the  board  of  public  instruction  of  St.  Johns 
County,  and  by  authority  of  act  approved  March  3,  1909  (35  Stat., 
751),  various  small  tracts  aggregating  0.15  of  an  acre  were  conveyed 
to  the  owners  of  premises  which  encroached  upon  the  reservation. 

Title.  —  Acquired  under  treaty  with  Spain  of  February  22,  1819,  and 
reserved  for  military  purposes  by  order  of  the  Secretary  of  War  of 
March  23,  1849,  under  authority  of  act  of  Congress  approved  June 
28,1832  (4  Stat,  550). 

Easement.  —  Right  of  way  to  St.  Johns  Light  &  Power  Co.  approved 
January  8,  1908,  under  act  of  March  2,  1907  (34  Stat.,  1219). 

Revocable  licenses.  —  December  17,  1884,  to  the  International  Ocean 
Telegraph  Co.,  to  erect  poles  and  maintain  a  wire  along  the  reser- 
vation. 

October  6,  1885,  to  the  Jacksonville,  St.  Augustine  &  Halifax  River 
Railway  Co.,  to  build  a  bridge  across  the  moat. 

January  15,  1886,  to  the  St.  Augustine  Gas  &  Electric  Light  Co. 
to  lay  a  gas  pipe  line  on  and  through  Orange  Street  and  the  city  gates 
on  the  reservation. 

July  18,  1889,  to  E.  F.  Joyce  to  lay  a  water  main  or  pipe  line  across 
the  reservation,  from  the  north  end  of  Charlotte  Street  to  the  north 
end  of  St.  George  Street  at  the  city  gates. 

February  7,  1890,  to  J.  N.  Stuart  and  other  citizens  of  St.  Augustine 
to  construct  a  sewer  across  the  south  end  of  the  reservation  in  a  south- 
erly direction  to  Charlotte  Street. 

May  13,  1901,  to  J.  J.  Krom  to  lay  a  sewer  pipe  from  his  house  on 
the  corner  of  Charlotte  Street,  on  the  south  boundary  of  the  reser- 
vation, across  the  reservation  and  through  the  sea  wall. 


62  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

May  8, 1902,  to  St.  Augustine  Golf  Club  to  use  the  "  fort  green  "  for 
golfing  purposes.  Modified  April  28,  1905. 

September  25,  1905,  to  the  St.  Augustine  Gas  &  Electric  Light  Co. 
to  erect  poles  and  wires  on  certain  streets,  including  the  street  in 
front  of  Fort  Marion. 

January  8,  1908,  to  city  of  St.  Augustine  to  occupy  for  street 
purposes  ground  between  tracks  of  St.  Johns  Light  Co.  and  fence, 
except  as  stated  therein. 

November  20,  1914,  and  February  1,  1915,  to  the  St.  Augustine 
Historical  Society  and  Institute  of  Science  to  occupy  certain  rooms 
in  the  fort  and  to  have  access  to  others  for  historical  purposes. 

Jurisdiction. — Exclusive  jurisdiction  ceded  by  governor's  deed  of 
September  4,  1893,  under  act  of  the  State  legislature  approved  July 
24,  1845. 

See  "  Fort  Barrancas  "  and  "  General  act  of  cession." 

MARTELLO   TOWER    NO.    1     (SITE   OF). 

This  reservation  is  situated  on  the  southern  coast  of  the  island  of 
Key  West  and  contains  18  acres.  It  is  the  site  of  a  tower  or  fort 
erected  during  the  Civil  War. 

Title. — Deed  from  Eduardo  H.  Gato  and  wife,  dated  March  14. 
1898.  Recorded  in  book  R  R,  pages  342  and  343,  of  the  records  ol 
Monroe  County. 

Deed  from  Eduardo  H.  Gato,  dated  January  16,  1906,  to  correct 
error  in  description.  Recorded  in  book  W,  pages  458  and  459,  of 
same  records. 

Jurisdiction. — Ceded  by  deed  from  the  governor  dated  July  23, 
1898,  under  authority  of  Title  II,  chapter  I,  section  9,  of  the  Revised 
Statutes  of  Florida,  1892. 

See  also  "  General  act  of  cession." 

MAKTKLLO   TOWER    NO.    2     (SITE    OF). 

This  reservation  is  situated  on  southerly  side  of  the  island  of  Key 
West  and  contains  an  area  of  about  15  acres. 

Title. — Acquired  by  purchase  authorized  by  the  Secretary  of  War 
January  23,  1897,  and  evidenced  by  a  deed  from  Frank  Livermore 
et  al.,  dated  April  28,  1897.  Recorded  in  book  S  of  deeds,  pages 
526  to  529,  of  the  records  of  Monroe  County. 

Jurisdiction. — Ceded  by  deed  from  the  governor  dated  September 
30,  1897,  under  authority  of  Title  II,  chapter  I,  section  9  of  the  Re- 
vised Statutes  of  Florida,  1892. 

See  also  "  General  act  of  cession." 

MATANZAS  INLET    (SITE  OF  THE  WORK  AT). 

This  reservation  is  situated  upon  a  small  island  about  15  miles  to 
the  southward  of  St.  Augustine.  Area  unknown. 

Title. — Reserved  for  military  purposes  by  the  Commissioner  of  the 
General  Land  Office  upon  request  made  by  the  Secretary  of  War, 
dated  March  23,  1849. 

Jurisdiction. — See  "  General  act  of  cession." 


FLOBIDA.  63 

MILITIA  TARGET  RANGE. 

This  range  is  situated  at  Black  Point  on  the  St.  Johns  River,  about 
6  miles  south  of  Jacksonville,  in  Duval  County,  and  comprises,  in 
the  aggregate,  about  682  acres. 

Title. — 1.  Deed  from  Joseph  H.  Phillips,  unmarried,  dated  Au- 
gust 10,  1907,  conveying  a  tract  of  400  acres,  excepting  therefrom  11 
acres.  Recorded  in  book  44,  page  616,  of  the  deed  records  of  Duval 
County. 

2.  Deed  from  Joseph  H.  Phillips,  unmarried,  dated  September  11, 
1908,  conveying  a  tract  of  85  acres,  adjoining  the  above  tract  on  the 
northeast,  and  a  tract  of  108  J  acres  adjoining  same  on  the  west. 
Recorded  in  book  52,  page  340,  of  same  records. 

3.  Deed  from  Joseph  H.  Phillips,  unmarried,  dated  November  18, 
1913,  conveying  a  tract  of  100  acres  adjoining  on  the  west  the  tract 
purchased  September  11,  1908.     Recorded  in  book  121,  page  136,  of 
same  records. 

MORENO  POINT  RESERVATION. 

This  reservation  is  situated  at  the  entrance  of  Santa  Rosa  Sound, 
and  comprises  so  much  of  the  point  opposite  to  and  east  of  the  east 
end  of  Santa  Rosa  Island  as  lies  in  T.  2  S.,  R.  22  W.,  Washington 
County;  estimated  area,  5,958.20  acres. 

Title. — As  part  of  the  public  domain  it  was  reserved  for  military 
purposes  by  Executive  order  dated  February  9,  1842. 

Leases. — For  5  years  from  February  1,  1914,  to  A.  E.  Howell,  of 
lot  10-a. 

Seventeen  leases  covering  occupancy  of  certain  lots  for  5  years 
from  September  1,  1914,  the  lessees  and  numbers  of  the  lots  being 
as  follows:  E.  A.  Barnes,  lot  7-a;  George  Destin,  lot  11;  G.  D. 
Destin,  lot  7-c ;  Leonard  Destin,  lots  4  and  13 ;  A.  C.  Howell,  lot  14 ; 
H.  Jones,  lot  17;  George  S.  Marler,  lot  21;  Mrs.  James  Marler.  lot 
19;  Joe  Marler,  lots  6  and  20;  William  T.  Marler,  lot  18;  Marler 
Bros.,  lot  7;  H.  T.  Morrell,  lots  22  and  7-b;  J.  D.  Morris,  lot  15; 
F.  C.  Williams,  lots  9  and  2-a;  Ralph  Williams,  lot  10;  R.  J.  Wil- 
liams, lots  2,  3,  and  8 ;  W.  J.  Williams,  lots  4-a  and  16. 

Jurisdiction. — See  "  General  act  of  cession." 

PENSACOLA  MILITARY  RESERVATION. 

This  reservation  is  situated  near  Pensacola  in  Escambia  County, 
being  lot  2  of  sec.  4,  and  lots  1  and  2  of  sec.  9,  in  T.  3  S.,  R.  29  W.,  and 
fractional  sec.  1,  of  T.  3  S.,  R.  30  W.,  and  contains  269.39  acres. 

Title. — Reserved  from  the  public  domain  for  the  future  military 
and  naval  defense  of  Pensacola  Harbor,  Fla.,  by  Executive  order 
dated  August  21, 1897. 

Easement. — Joint  resolution  of  Congress  approved  January  30, 
1871,  granted  to  the  Pensacola  &  Barrancas  Railroad  Co.  the  right 
to  construct  its  road  upon  and  through  the  reservation. 

Jurisdiction. — See  "  General  act  of  cession." 

PERDIDO    BAY    (EAST    SIDE   OF    ENTRANCE    TO). 

This  reservation  is  situated  west  of  Pensacola  and  contains  109.9 
acres. 

12925°— 16 5 


64  UNITED   STATES    MILITAKY   RESERVATIONS,  ETC. 

Title. — A  part  of  the  public  domain  ceded  by  Spain,  it  was  set 
apart  and  declared  a  military  reservation  by  Executive  order,  dated 
February  9,  1842. 

Jurisdiction. — See  "  General  act  of  cession." 

FORT  PICKENS. 

This  reservation  is  situated  off  the  southern  end  of  Santa  "Rosa 
County  extending  along  the  coast  the  full  width  of  said  county,  and 
embraces  the  whole  of  Santa  Rosa  Island  except  the  marine-hospital 
tract,  and  is  unsurveyed.  Fort  Pickens,  on  the  western  point,  is  1 
mile  from  Fort  Barrancas. 

Title. — Deed  from  Joseph  M.  White,  attorney  in  fact  of  Henry 
Michelet,  dated  May  28,  1828,  conveying  approximately  1,181  acres 
on  the  wrest  end  of  Santa  Rosa  Island.  Recorded  in  deed  book  Xo. 
2,  pages  350  and  351,  Santa  Rosa  County  records.  (Report  on  title 
shows  that  the  Spaniards  always  maintained  a  battery  at  Fort  Arri- 
unado,  on  the  western  side  of  the  island,  opposite  Fort  Barrancas, 
for  the  defense  of  the  entrance  to  Pensacola  Bay.  The  United 
States  therefore  succeeded  Spain  under  the  treaty  of  1819.) 

The  island  was  reserved  for  naval  purposes  by  Executive  order 
dated  April  21,  1838.  West  end  of  island  transferred  to  War  De- 
partment by  Executive  order  dated  May  21, 1888.  Reservation  modi- 
fied and  extended  to  include  the  whole  of  said  Santa  Rosa  Island  by 
Executive  order  dated  July  2,  1888. 

On  January  27,  1903,  a  strip  of  land  the  full  width  of  Santa  Rosa 
Island  and  extending  one-half  mile  east  and  one-half  mile  west  from 
the  hospital,  located  at  the  quarantine  station  on  said  island,  was 
transferred  to  the  Treasury  Department  for  the  use  of  the  Marine 
Hospital  Service. 

Lease. — For  five  years  from  January  26,  1916,  to  Benjamin  P.  Ed- 
mundson  of  a  portion  of  the  reservation  for  the  purpose  of  maintain- 
ing and  operating  thereon  a  public  bathing  establishment,  hotel,  etc. 

Revocable  licenses. — March  3,  1884,  to  the  Treasury  Department, 
to  occupy  a  strip  of  land  for  the  use  of  a  life-saving  station ;  and 
June  27.  1908,  to  Robert  Broadbend,  keeper,  to  build  cottages  out- 
side of  station  lot  to  house  families  of  crew. 

March  17,  1913,  to  Lieut.  Grey  H.  Wyman,  Eleventh  Cavalry,  to 
occupy  a  tract  of  land  on  the  reservation  and  to  erect  and  maintain 
thereon  a  cottage. 

Jurisdiction. — Same  as  Fort  Barrancas. 


This  reservation  is  situated  upon  the  two  tongues  of  land  and  the 
island  which  lies  between  St.  Andrew's  Sound  and  the  Gulf  of 
Mexico  in  Washington  County.  The  area  of  the  reservation,  exclu- 
sive of  Hurricane  Island,  is  1,503.84  acres.  Hurricane  Island,  which 
is  unsurveyed,  contains  about  100  acres.  It  comprises  the  following 
tracts : 

(1)  The  tongue  or  neck  of  the  mainland  lying  east  of  the  entrance 
to  the  sound  and  known  as  Crooked  Island,  including  the  original 
St.  Andrew's  Island,  to  which  it  has  become  united,  and  an  addi- 


FLOEIDA.  65 

tional  two  miles  of  the  neck  extending  from  the  original  East  Pass, 
which  formerly  separated  St.  Andrew's  Island  from  the  neck. 

(2)  The  tongue  or  neck  of  the  mainland  lying  west  of  the  entrance 
to  the  sound  and  known  as  Coe  Point. 

(3)  Hurricane  Island,  which  lies  near  the  entrance  between  Crooked 
Island  and  Coe  Point. 

Title. — The  tongues  or  necks  of  the  mainland,  known  as  Crooked 
Island  and  Coe  Point,  and  the  intermediate  islands  were  reserved  for 
military  purposes  by  the  Commissioner  of  the  General  Land  Office 
upon  request  of  the  Secretary  of  War,  dated  March  23,  1819.  Coe 
Point  and  Hurricane  Island  were  also  reserved  by  Executive  order 
dated  May  3, 1897.  (G.  O.  28,  A.  G.  O.,  May  3, 1897.) 

The  lands  embraced  in  said  Executive  order  are  more  particularly 
described  as  lots  1  and  2  of  sec.  4,  lots  1,  2,  3,  and  4  of  sec.  5,  lots  1 
and  2  of  sec.  6,  and  fractional  sees.  8  and  9  of  T.  5  S.,  E.  14  W., 
including  Hurricane  Island;  also  lots  2  and  3  of  sec.  15,  lots  1,  2,  3, 
4,  and  5  of  sec.  22,  lots  1,  2,  3,  and  4  of  sec.  23,  lot  2  of  sec.  25,  lots  1, 
2,  and  3  of  sec.  26,  and  fractional  sees.  27  and  35  in  T.  4  S.,  E.  15  W. 

Jurisdiction. — See  "  General  act  of  cession." 

ST.  AUGUSTINE  NATIONAL  CEMETERY. 

This  cemetery  is  situated  in  the  city  of  St.  Augustine.  It  embraces 
the  old  post  cemetery  and  certain  additions  thereto  from  the  St. 
Francis  Barracks  reservation  which  were  made  in  1912  and  1913. 
It  contains  an  area  of  1.27  acres.  It  was  announced  as  a  national 
cemetery  of  the  fourth  class  in  G.  O.  86,  A.  G.  O.,  December  7,  1881. 

ST.  FRANCIS  BARRACKS. 

This  reservation  is  situated  in  the  city  of  St.  Augustine.  It  com- 
prises the  barracks  lot  and  the  military  hospital  lot  and  contains 
3.87  acres. 

Title.— Eeserved  under  act  of  Congress  of  June  28,  1832  (4  Stat., 
550),  by  orders  of  the  Secretary  of  War  in  letters  dated  October  12, 
1839,  and  March  23,  1849.  See  G.  O.  58,  A.  G.  O.,  July  13, 1893,  for 
Executive  order  publishing  and  defining  the  boundaries  of  the  reser- 
vation as  it  then  existed. 

Lease. — March  15, 1913,  to  the  State  of  Florida  of  the  hospital  and 
barracks  lots  for  five  years  from  August  1,  1912. 

Revocable  licenses. — November  13,  1889,  to  the  St.  Augustine  & 
South  Beach  Eailway  Co.  to  maintain  as  previously  located  a  wharf 
for  the  landing  of  steamers. 

April  25, 1895,  to  the  St.  Augustine  Yacht  Club  to  rebuild  its  club- 
house on  a  parcel  of  United  States  land  east  of  the  sea  wall. 

September  11,  1903,  to  Daniel  Allen  to  construct  and  maintain  a 
wharf  in  front  of  the  sea  wall. 

April  20, 1911,  to  John  H.  Pomar  to  erect  a  pier  in  Matanzas  Eiver 
at  the  foot  of  Hypolita  Street  and  to  cross  the  sea  wall  to  obtain 
access  to  the  same. 

June  27,  1911,  to  Fred  W.  Bodley  to  run  a  sewer  pipe  through  the 
sea  wall  near  the  foot  of  St.  Francis  Street. 


66  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

January  3, 1912,  to  the  St.  Johns  Electric  Co.  to  erect  and  maintain 
a  building  for  a  ticket  office  and  waiting  room  on  the  sea  wall  at  the 
foot  of  King  Street. 

Jurisdiction. — Exclusive  jurisdiction  ceded  by  the  governor  Sep- 
tember 4,  1893.  See  also  "  General  act  of  cession." 


This  reservation  is  situated  near  Mayport,  in  Duval  County,  and 
contains  117.7  acres. 

Title. — 1.  Decree  of  condemnation  for  the  above  tract  in  a  cause 
entitled  "In  re  condemnation  of  St.  John's  Bluff,"  in  the  Circuit 
Court  of  the  United  States  for  the  Southern  District  of  Florida. 
Decree  rendered  April  25,  1901,  and  filed  in  the  clerk's  office  of  said 
court. 

2.  Deed  from  John  F.  Horr,  United  States  marshal  for  the  South- 
ern District  of  Florida,  dated  April  10,  1902,  conveying  the  above 
tract.  Recorded  in  book  10,  page  712,  of  the  records  of  Duval 
County. 

Jurisdiction. — Ceded,  in  accordance  with  paragraph  3  of  the  gen- 
eral act  of  cession,  by  deed  from  the  governor  of  the  State,  June  25, 
1904.  Deed  recorded  in  deed  book  A,  pages  27  to  29,  in  the  office  of 
the  secretary  of  the  state  of  Florida. 

ST.  JOSEPH'S  BAJ  RESERVATION. 

This  reservation  is  situated  on  the  Bay  of  St.  Joseph  and  includes 
the  whole  neck  or  peninsula  forming  said  bay  from  its  northern 
extremity,  or  Point  St.  Joseph,  to  its  connection  with  the  mainland 
at  the  eastern  shore  of  the  bay,  including  Cape  San  Bias,  with  the 
exception  of  the  lands  on  said  peninsula  that  had  been  disposed  of 
al  the  time  the  reservation  was  made.  It  comprises  portions  of  frac- 
tional Tps.  7,  8,  and  9  S.,  R.  12  W.,  and  Tps.  9  and  10  S.,  R.  11  W., 
Florida.  Approximate  area  of  the  lands  under  reservation,  4,000 
acres. 

Title. — Reserved  for  military  purposes  by  the  Commissioner  of 
the  General  Land  Office  upon  request  of  the  Secretary  of  War,  dated 
March  23, 1849. 

Jurisdiction. — See  "  General  act  of  cession." 

FORT  TAYLOR. 

This  reservation  is  situated  at  the  southwestern  extremity  of  the 
city  of  Key  West,  and  contains  an  area  of  about  72.21  acres. 

Title. — 1.  Deed  from  John  Barcroft,  trustee,  et  al.,  dated  October 
15,  1845,  conveying  11.89  acres.  Recorded  in  deed  book  D,  pages  86 
to  88,  of  the  records  of  Monroe  County. 

2.  Deed  from  William  C.  Greene  and  Elizabeth  M.  Greene,  dated 
December  23,  1845,  conveying  29  acres.    Recorded  in  deed  book  D, 
pages  104  to  106,  of  same  records. 

3.  Deed  from  Hetty  Greene,  dated  January  6.  1846,  quitclaiming 
interest  in  the  29  acres.     Recorded  in  book^D,  page  107,  of  same 
records. 


FLORIDA.  67 

4.  Deed  from  John  W.  Simonton,  dated  February  17,  1846,  con- 
veying 22  acres.  Recorded  in  deed  book  D,  pages  131,  132,  and  133, 
of  same  records. 

5.  Title  to  lots,  streets,  etc.,  aggregating  9.32  acres,  acquired  as 
follows : 

(a)  Deed  from  United  States  marshal,  dated  July  31,  1909,  under 
decree  of  United  States  Circuit  Court  of  July  14,  1908,  conveying 
to  the  United  States  lots  17  to  19  and  29  to  32,  of  square  3 ;  lots  5 
and  6  of  square  4;  lots  11  to  20  of  square  9;  lot  1,  and  part  of  lot  2, 
and  lots  12  to  24  of  square  10 ;  all  in  tract  10 ;  and  that  part  of  tract 
15  lying  south  of  United  Street  and  between  Fort  and  Whitehead 
Streets,  in  Key  West,  Fla.    Deed  recorded  in  book  X,  pages  514  to 
530,  inclusive,  and  in  the  office  of  the  clerk  of  the  circuit  court  in 
Monroe  County,  Fla. 

(b)  Deed  from  James  W.  Locke,  dated  May  14,  1908,  conveying 
lots  7  and  8,  square  4,  and  lots  13,  14,  15,  22,  23,  and  24,  square  11. 
Recorded  in  deed  book  WW,  page  236,  of  same  records. 

(c)  Act   of   State   legislature   approved   June   8,   1909,   vacating 
streets  within  the  tract  acquired  under  No.  5,  supra. 

(d)  Ordinance  No.  33  of  the  city  council  of  Key  West,  passed 
November  3,  1910,  under  authority  of  act  of  the  State  legislature  of 
June  8,  1909,  supra,  vacating  that  portion  of  Fort  Street  extending 
from  the  waters  of  the  Straits  of  Florida  to  the  southeast  line  of 
Amelia  Street. 

Revocable  licenses. — December  16,  1891,  to  the  Key  West  Gas  & 
Electric  Light  Co.  to  construct  a  ditch  from  the  pond  on  the  reserva- 
tion to  the  boundary  thereof. 

July  16, 1898,  to  the  Key  West  Gas  &  Electric  Light  Co.  to  lay  and 
maintain  an  underground  pipe  from  its  plant  to  the  sea  across  the 
reservation. 

Jurisdiction. — Ceded  by  the  acts  of  the  State  legislature  approved 
July  8  and  July  24,  1845,  for  which  see  "  Key  West  Barracks  "  for 
the  former,  and  "  General  act  of  cession  "  for  the  latter  act.  See 
also  deed  February  21,  1911,  from  the  governor  of  Florida,  ceding 
jurisdiction  over  lands  acquired  under  («),  (&),  (c),  and  (d). 

TWO  ISLANDS  NEAR  ST.   AUGUSTINE. 

These  islands  are  situated  in  the  main  channel  of  the  Mantanzas 
River  near  St.  Augustine  and  contain  an  area  aggregating  about  2 
acres. 

Title. — As  part  of  the  public  domain  they  were  reserved  for  mili- 
tary purposes  by  Executive  order  dated  May  31.  1892  (G.  O.  40, 
A.  G.  O.,  June  10,  1892). 

Jurisdiction. — see  "  Fort  Barrancas." 

VIRGINIA   KEY. 

This  reservation  is  situated  between  Norris  Cut  and  Bear  Cut  in 
Biscayne  Bay  in  Dade  County.  It  includes  that  part  of  Virginia 
Key,  unsurveyed,  that  lies  in  sees.  17  and  20,  in  T.  54  S.,  R.  42  E.  of 
the  principal  meridian. 


68  UNITED   STATES    MILITARY   RESERVATIONS,  ETC. 

Title. — Part  of  the  public  domain  reserved  for  military  purposes 
by  Executive  order  dated  Febraury  11,  1897  (G.  O.  7,  A.  G.  O.,  Feb. 
26,  1897). 

Jurisdiction. — See  "  General  act  of  cession." 

GEORGIA. 

GENERAL   ACT   OF    CESSION. 

SECTION  1.  Be  it  enacted  by  the  General  Assembly  of  the  State  of  Georgia  that 
from  and  immediately  after  the  passing  of  this  act,  the  Congress  of  the  United 
States  shall  have  and  maintain  jurisdiction  in  and  over  all  the  lands  they  have 
purchased  or  which  have  been  ceded  or  otherwise  acquired  by  them,  or  hereafter 
may  be  acquired,  for  the  purpose  of  erecting  forts  or  fortifications  in  this  State : 
Provided,  the  said  United  States  do  or  shall  cause  forts  or  fortifications  to  be 
erected  thereon.  (Approved  December  22,  1808.) 

NOTE. — In  opinions  dated  September  26,  1900,  and  May  8,  1908,  the  Attorney 
General  held  that  this  act,  although  not  embodied  in  any  of  the  codes,  has  not 
been  expressly  repealed  and  is  still  in  force  and  that  under  it  the  United  States 
acquired  exclusive  jurisdiction  over  the  military  reservation  of  Fort  Screven,  Ga. 

ANDERSONVILLE  NATIONAL  CEMETERY. 

This  cemetery  is  situated  about  1  mile  from  Andersonville,  in  Sum- 
ter  County,  and  contains  an  area  of  120  acres, 

Title. — Taken  possession  of  about  May  10, 18G5 ;  possession  retained 
for  national  cemetery  purposes  and  land  appraised,  paid  for,  and 
title  confirmed  in  the  United  States  under  the  provisions  of  "An  act 
to  establish  and  protect  national  cemeteries,"  approved  February  22, 
1867.  (14  Stat,  399.) 

Deed  from  Benjamin  B.  Dykes  and  wife,  dated  February  9,  1875; 
recorded  in  clerk's  office  of  superior  court  in  deed  book  Q  of  the 
deed  records  of  Sumter  County. 

Revocable  license. — December  12,  1907,  to  George  Crouse  Post,  No. 
17,  Grand  Army,  for  building  outside  of  cemetery  wall. 

Jurisdiction. — Ceded  by  an  act  of  the  State  legislature  approved 
October  25, 1870,  which  provides  as  follows : 

SECTION  1.  Be  it  enacted,  etc.,  That  the  consent  of  the  legislature  of  the  State 
of  Georgia  is  hereby  granted  to  the  acquisition,  by  the  United  States,  by  purchase 
or  otherwise,  of  all  that  tract  or  portion  of  land  lying  and  being  in  the  six- 
teenth district  and  second  section  of  Cobb  County,  containing  twenty  and  one 
one-hundredth  (20  and  -^  )  acres,  one  part  being  the  south  side  of  lot  1216,  the 
other  part  being  north  parts  of  lot  No.  1233  *  *  *  and  also,  the  additional 
tract  or  parcel  of  land  containing  four  and  eleven  one-hundredths  (4  and  f^&) 
acres  *  *  *  on  which  said  tract  or  parcel  of  land  is  located  the  National 
Cemetery  at  Marietta,  in  the  county  of  Cobb,  and  State  aforesaid;  and  also  all 
that  tract  or  parcel  of  land  known  and  distinguished  as  lot  number  one  hundred 
and  eighty-one  (181)  in  the  twenty-ninth  district  of  Sumter  County,  State  afore- 
said, containing  two  hundred  and  two  and  a  half  (202£)  acres,  more  or  less, 
and  on  which  is  located  the  National  Cemetery  at  Andersonville,  in  said  county 
and  State,  and  that  the  jurisdiction  over  said  tracts  or  parcels  of  land  is  hereby 
ceded  to  the  United  States :  Provided,  however,  That  nothing  herein  contained 
shall  extend,  or  be  construed  to  extend,  so  as  to  impede  or  prevent  the  execution 
of  any  process,  civil  or  criminal,  under  the  authority  of  this  State. 

ANDERSONVILLE  PRISON  PROPERTY. 

This  property  is  situated  about  one-fourth  mile  south  of  the  Ander- 
sonville National  Cemetery,  and  contains  an  area  of  about 


GEORGIA.  69 

acres.    It  comprises  parts  of  lots  380  and  381,  twenty-eighth  district 
of  Macon  County,  Ga. 

Title. — By  act  of  Congress,  approved  March  2,  1910  (36  Stat., 
230),  the  Secretary  of  War  was  authorized  and  directed  to  accept 
from  the  Woman's  Relief  Corps,  auxiliary  to  the  Grand  Army  of  the 
Republic,  a  gift  of  88  acres  of  land,  more  or  less,  contiguous  to  the 
Andersonville  National  Cemetery,  in  the  State  of  Georgia,  with  all 
improvements  thereon,  the  details  incident  to  the  transfer  of  said 
land  to  be  arranged  and  perfected  by  the  Secretary  of  War.  Under 
authority  of  said  act  the  following  deeds  were  executed : 

1.  Deed  dated  August  16,  1910,  from  Emma  R.  Wallace  et  al.,  sur- 
viving trustees  of  the  Woman's  Relief  Corps,  to  entire  premises,  con- 
taining 83y3o   acres,  together  with  roadway  thereto.     Recorded  in 
book  P,  folio  66,  records  of  Macon  County. 

2.  Deed  dated  September  7,  1910,  from  the  State  of  Rhode  Island 
to  site  of  Rhode  Island  monument  on  said  property. 

3.  Decree  of  United  States  district  court,  dated  June  27,  1911, 
covering  same  premises. 

AUGUSTA  ARSENAL. 

This  reservation  is  situated  near  the  city  of  Augusta  in  Richmond 
County  and  contains  an  area  of  about  70  acres. 

Title. — Deed  from  Freeman  Walker,  dated  November  9,  1826,  con- 
veying 70  acres;  recorded  in  deed  book  T,  folios  152  and  153,  of  the 
deed  records  of  Richmond  County. 

Jurisdiction. — For  consent  to  the  purchase  and  jurisdiction,  see  act 
of  the  State  legislature  approved  December  26,  1826,  which  provides 
as  follows : 

Be  it  enacted,  etc.,  That  the  consent  of  the  legislature  of  the  State  of  Georgia 
is  hereby  granted  to  a  purchase  which  the  United  States  have  lately  made  from 
Freeman  Walker,  of  a  certain  tract  of  land  situated  in  the  County  of  Richmond, 
about  three  miles  above  the  City  of  Augusta,  containing  seventy  acres,  for  a 
site  for  an  arsenal  and  military  establishment,  *  *  *  and  that  the  juris- 
diction over  said  tract  is  hereby  ceded  to  the  United  States :  Provided,  however, 
That  nothing  herein  contained  shall  extend,  or  be  construed  to  extend,  so  as  to 
impede  or  prevent  the  execution  of  any  process,  civil  or  criminal,  under  the 
authority  of  this  State. 

CHICKAMAUGA  AND  CHATTANOOGA  NATIONAL  PARK. 

This  park  is  situated  in  Walker  and  Catoosa  Counties,  Ga.,  and  in 
Hamilton  County,  Tenn.,  and  contains  an  area  of  6,541.64  acres,  more 
or  less.  That  part  of  the  park  located  in  the  State  of  Georgia  em- 
braces the  park  proper,  containing  an  area  of  approximately  5,562.78 
acres,  and  Fort  Oglethorpe,  containing  an  area  of  813.42  acres.  The 
area  in  Tennessee  is  approximately  165.46  acres,  and  includes  Look- 
out Mountain,  containing  about  102.56  acres;  Orchard  Knob.  7.37 
acres;  and  the  reservations  on  Missionary  Ridge  known  as  Bragg's 
Headquarters,  about  2.5  acres ;  De  Long's  Place,  5.25  acres ;  Sherman 
Heights,  46  acres;  the  Ohio  reservation,  1.74  acres;  the  site  of  the 
Phelps  monument,  and  the  site  of  the  monument  to  the  Nineteenth 
Illinois  Regiment. 

The  lands  were  acquired  for  the  establishment  of  the  park  under 
the  provisions  of  an  act  of  Congress  approved  August  19,  1890  (26 


70  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

Stat.,  333).  (For  additional  park  legislation,  see  acts  of  Congress 
approved  Mar.  3,  1891  (26  Stat,  978) ;  Aug.  5,  1892  (27  Stat,  376) ; 
Mar.  3,  1893  (27  Stat,  598) ;  Oct.  2,  1893  (28  Stat.,  12) ;  Aug.  18, 
1894  (28  Stat,  403)  ;  Mar.  2,  1895  (28  Stat,  965) ;  Feb.  26,  1896  (29 
Stat,  21)  ;  May  15, 1896  (29  Stat.,  120)  ;  Mar.  3,  1897  (29  Stat.,  621)  ; 
June  4, 1897  (30  Stat,  43) ;  and  Apr.  8, 1910  (36  Stat.,  293).) 
Title.— 

GEORGIA. 

FORT  OGLETHORPE. 

Lot  83  (part  of).  Area.  108.1  acres.  Deed,  dated  February  3,  1903, 
from  Laura  A.  Howell,  guardian,  conveying  108.1  acres ;  recorded  in 
book  16  of  deeds,  page  196,  deed  records  of  Walker  County. 

Lot  84.  Area,  178.90  acres.  Deed,  dated  August  14,  1902,  from 
W.  H.  Hargrave  and  Birdie  L.  Bennett  (nee  Hargrave),  conveying 
two  tracts  (95.45  acres  arid  30.06  acres),  aggregating  125.51  acres; 
recorded  in  book  K,  pages  672-5,  deed  records  of  Catoosa  County; 
and  deed,  dated  September  26,  1902,  from  same  grantors,  correcting 
description  in  above  conveyance;  recorded  in  book  K,  pages  668-671, 
of  same  records.  Deed,  dated  August  5,  1902,  from  Thomas  Tallent 
et  ux.,  conveying  0.12  acre,  more  or  less;  recorded  in  book  K.  pages 
137-8,  same  records.  Deed,  dated  July  28,  1902,  from  Adelphia 
Barringer,  conveying  1.25  acres,  more  or  less;  recorded  in  book  K. 
pages  142-3,  of  same  records.  Deed,  dated  May  19,  1903,  from  Mary 
A.  Scott  et  al.,  conveying  two  tracts  (35.99  acres  and  15.05  acres), 
aggregating  51.04  acres;  recorded  in  book  K,  pages  251-255.  of  same 
records.  Decree  of  United  States  circuit  court  of  November  18.  1903. 
in  case  No.  34,  covering  reversionary  interest  in  about  2  acres  (church 
lot),  of  Mary  A.  Scott  et  al.  Deed,  dated  December  4,  1902,  from 
Fossett  et  al.,  trustees  of  church,  conveying  right  of  way  to  spring, 
and  church  lot,  aggregating  about  2  acres;  recorded  in  book  K,  pages 
431-438,  of  same  records.  Deed,  dated  March  17,  1903,  from  Daniel 
F.  Harmening,  trustee  of  church  (not  joining  in  above  deed  from 
trustees  of  church  property),  covering  right  of  way  to  spring,  and 
church  lot;  recorded  in  book  K,  pages  428-431,  of  same  records. 

Lot  85.  Area,  180.40  acres.  Deed,  dated  August  18,  1902,  from 
Joseph  N.  Wilson  et  ux.,  conveying  32.50  acres;  recorded  in  book  K, 
pages  140-142,  deed  records  of  Catoosa  County.  Deed,  dated  August 
2, 1902,  from  George  W.  Schmitt  et  ux.,  conveying  17  acres ;  recorded 
in  book  K,  page  139,  of  same  records.  Deed,  dated  August  5,  1902, 
from  Thomas  Tallent  et  ux.,  conveying  9  acres;  recorded  in  book  K, 
pages  137-138,  of  same  records.  Deed,  dated  May  19,  1903,  from 
Mary  A.  Scott  et  al.,  conveying  115.46  acres;  recorded  in  book  K, 
pages  251-255,  of  same  records. 

Lot  96.  Area,  157.78  acres.  Deed,  dated  August  18,  1902,  from 
Joseph  N.  Wilson  et  ux.,  conveying  64.91  acres;  recorded  in  book  K, 
pages  140-142,  of  the  deed  records  of  Catoosa  County.  Deed,  dated 
August  5,  1902,  from  Martha  A.  Ward  and  Harriet  E.  Wilson,  con- 
veying 69.83  acres;  recorded  in  book  K,  page  149,  of  same  records. 
Deed,  dated  August  8, 1902,  from  Elizabeth  Cannon  et  vir,  conveying 
20  acres;  recorded  in  book  K,  pages  150-151,  of  same  records. 

Lot  97.  Area,  152.40  acres.  Deed,  dated  August  7,  1902.  from 
Joseph  B.  Dixon  et  ux.,  conveying  124.69  acres ;  recorded  in  book  K, 


GEORGIA.  71 

pages  128-129,  of  the  deed  records  of  Catoosa  County.  Deed,  dated 
August  13,  1902,  from  John  Quincy  Adams  et  ux.,  conveying  20.54 
acres;  recorded  in  book  K,  pages  130-131,  of  same  records.  Quit- 
claim deed  from  Louisa  A.  Strange,  dated  August  9,  1902,  covering 
same  premises  as  Adams  deed,  supra;  recorded  in  book  K,  pages 
100-102,  of  same  records.  Deed,  dated  August  8,  1902,  from  Mack- 
lena  Flock,  conveying  6  acres ;  recorded  in  book  K,  pages  131—132.  of 
same  records. 

Lot  98  (part  of).  Area,  35.84  acres.  Deed,  dated  August  5,  1902, 
from  Samuel  W.  Divine,  conveying  32.8  acres.  Recorded  in  book  15 
of  deeds,  page  522,  deed  records  of  Walker  County. 

Deed  from  the  Rapid  Transit  Co.,  dated  March  15,  1901,  conveying 
0.1  acre,  for  extension  of  Reeds  Bridge  Road.  Recorded  in  book  14, 
page  563,  of  same  records. 

Deed  from  the  Chattanooga  Railway  &  Light  Co.,  dated  January  6, 
1910,  conveying  2.94  acres.  Recorded  in  book  23  of  deeds,  page  110, 
of  same  records. 

MAIN  PORTION   OF   PARK   OR  PARK   PROPER. 

Lot  94.  Area,  155.46  acres.  Deed,  dated  May  11,  1898,  from  M.  M. 
Church  and  Leon  A.  Camp,  conveying  all  of  said  lot;  recorded  in 
book  J,  pages  61-62,  of  the  deed  records  of  Catoosa  County. 

Lot  118.  Area,  157.3  acres.  Decree  of  United  States  circuit  court, 
December  17,  1891,  in  case  No.  157,  covering  141.3  acres,  property  of 
Stephen  E.  Kinsey ;  and  decree  of  same  date,  in  case  No.  158,  covering 
16  acres,  property  of  Mary  L.  Cline. 

Lot  119.  Area,  164.7  acres.  Decree  of  United  States  circuit  court, 
December  17, 1891  (amended  Mar.  30, 1902),  in  case  No.  150,  covering 
23.54  acres,  property  of  John  W.  Mullis ;  decree  of  same  date  in  case 
No.  159,  covering  132  acres,  property  of  George  W.  Mullis;  and 
decree  of  December  18,  1891,  in  case  No.  152,  covering  9.21  acres, 
property  of  George  W.  Kelly.  Title  to  the  last-mentioned  parcel 
also  covered  by  Kelly's  deed  of  February  10,  1892 ;  recorded  in  book 
H,  page  422,  of  the  deed  records  of  Catoosa  County. 

Lot  120.  Area,  160.2  acres.  Decree  of  December  18,  1891,  in  case 
No.  152,  same  as  above,  covering  151  acres,  property  of  George  W. 
Kelly;  also  covered  by  Kelly's  deed,  supra;  and  decree  of  December 
17,  1891,  in  case  No.  159,  supra,  covering  9.20  acres,  property  of 
George  W.  Mullis. 

Lot  121.  Area,  159.4  acres.  Decree  of  United  States  circuit  court, 
June  23,  1893,  in  case  No.  156,  covering  159.4  acres,  property  of 
Dyer  Thomas. 

Lot  122.  Area,  157.6  acres.  Decree  of  United  States  circuit  court 
of  January  6,  1893,  in  case  No.  137,  covering  85.1  acres,  property  of 
William  F.  Conner  and  John  Roark;  and  deed  to  same  premises, 
dated  February  11,  1893;  recorded  in  book  I,  pp.  43-44,  of  the  deed 
records  of  Catoosa  County ;  the  deed  from  Conner  and  Roark,  dated 
February  11, 1892,  covers  remainder  of  lot  122,  containing  72.5  acres; 
recorded  in  book  I,  pp.  42-43,  of  same  records. 

Lot  129  (part  of).  Area,  0.003  acre.  Deed  from  Jacob  R.  Peters, 
dated  January  6,  1901,  conveying  triangular  parcel  at  junction  of 
Ringgold  and  Jays  Mill  Roads.  Recorded  in  book  J,  pages  600-602, 
of  same  records. 


72  UNITED   STATES   MILITAKY   RESERVATIONS,  ETC. 

Lot  130.  Area,  163.13  acres.  Decree  of  United  States  circuit  court 
of  February  11,  1892,  in  case  No.  168,  covering  about  47.8  acres, 
property  of  Joseph  Peters ;  and  decree  of  same  date  in  case  No.  167, 
covering  the  remainder  of  said  lot,  containing  about  115.33  acres, 
property  of  Augustus  Peters;  and  deed  from  Joseph  Peters  and 
Augustus  Peters,  dated  February  13,  1892,  conveying  the  entire  lot; 
recorded  in  book  H,  page  448,  of  same  records. 

Lot  131.  Area,  168.68  acres.  Decree  of  United  States  circuit  court 
of  December  17, 1891,  in  case  No.  138,  covering  entire  lot,  property  of 
Benjamin  L.  Carlock;  and  deed  from  same,  dated  February  10, 
1892;  recorded  in  book  H,  page  432,  of  same  records. 

Lot  132.  Area,  166  acres.  Decree  of  United  States  circuit  court 
of  December  18,  1891,  in  case  No.  139,  covering  entire  lot.  property 
of  Georgia  A.  Thomas  et  al. ;  and  deed  from  same,  dated  February 
12,  1892 ;  recorded  in  book  H,  page  424,  of  same  records. 

Lot  133.  Area,  160.88  acres.  Decree  of  United  States  circuit  court 
of  December  16,  1891,  in  case  No.  133,  covering  entire  lot,  property 
of  Joseph  C.  Kelly;  and  deed  from  same,  dated  October  9,  1891; 
recorded  in  book  H,  page  412,  of  same  records. 

Lot  134.  Area,  174.80  acres.  Decree  of  United  States  circuit  court 
of  December  16,  1891,  in  case  No.  135,  covering  entire  lot,  property 
of  Samuel  F.  Osborn. 

Lot  135.  Area,  166.89  acres.  Decree  of  United  States  circuit  court 
of  December  16,  1891,  in  case  No.  128,  covering  79.81  acres,  property 
of  Elizabeth  C.  Corbley;  and  decree  of  same  date  in  case  No.  129. 
covering  remainder  of  lot,  area  about  87.08  acres,  property  of  Milton 
Corbley.  Deed  from  Milton,  Richmond  C.,  and  Elizabeth  C.  Cor- 
bley, dated  October  7,  1891,  of  entire  lot:  recorded  in  book  No.  7, 
pages  377  and  378,  of  the  deed  records  of  Walker  County. 

Lot  154  (part  of).  Area,  97  acres.  Decree  of  United  States  circuit 
court  of  December  17,  1891,  in  case  No.  134,  covering  that  part  of 
said  lot  north  and  east  of  the  Dry  Valley  Road ;  area,  97  acres,  more 
or  less;  and  subject  to  the  right  of  way  of  the  Chattanooga,  Rome 
&  Columbus  Railroad,  33  feet  wide;  area,  about  0.99  acre. 

Lot  155.  Area,  170.28  acres.  Decree  of  the  United  States  circuit 
court  of  December  16,  1891,  in  case  No.  130,  covering  14.97  acres, 
property  of  Lee  B.  Dyer;  and  decree  of  December  17,  1891,  in  case 
No.  131,  covering  remainder  of  said  lot;  area,  155.31  acres,  property 
of  S.  B.  Dyer.  Deed  from  Silsbee  Dyer  et  al.,  dated  October  7,  1891, 
conveying  entire  lot.  Recorded  in  book  No.  7,  pages  375-377,  of  the 
deed  records  of  Walker  County. 

Lot  156.  Area,  153.96  acres.  Decree  of  United  States  circuit  court 
of  Decembe^  16,  1891,  in  case  No.  136,  covering  entire  lot,  property 
of  McConnel  and  Crouch.  Unrecorded  deed  from  Jas.  W.  Crouch, 
dated  October  9.  1891,  and  from  I.  W.  McConnell,  dated  October  17, 
1891,  covering  same  property. 

Lot  157.  Area,  161.25  acres.  Decree  of  United  States  circuit  court 
of  December  17,  1891,  in  case  No.  140,  covering  121.25  acres,  the 
property  of  Mary  V.  Bird,  formerly  Mary  V.  Freeman;  and  deed 
from  same,  dated  February  12,  1892;  recorded  in  book  H,  page  434, 
of  the  deed  records  of  Catoosa  County.  Decree  of  same  court  of 
December  18,  1891,  in  case  No.  141,  covering  40  acres,  the  property 


GEORGIA.  73 

of  Adrian  C.  Stone  and  James  M.  Jones ;  and  deed  from  same,  dated 
February  12, 1892 ;  recorded  in  book  H,  page  426,  of  same  records. 

Lot  158.  Area,  163.56  acres.  Decree  of  United  States  circuit 
court  of  December  18,  1891,  in  case  No.  142,  covering  entire  lot,  the 
property  of  Donald  C.  Reed,  and  deed  from  same,  dated  February 
10,  1892 ;  recorded  in  book  H,  page  431,  of  same  records. 

Lot  159.  Area,  160  acres.  Decree  of  United  States  circuit  court 
of  February  10,  1892,  in  case  No.  171,  covering  west  half  of  lot,  the 
property  of  M.  White  Smith,  and  deed  from  same,  dated  February 
10,  1892 ;  recorded  in  book  H,  page  456,  of  same  records.  Decree  of 
same  court  of  February  11,  1892,  in  case  No.  169,  covering  east  half 
of  lot,  the  property  o±  Edgar  L.  Park,  and  deed  from  same,  dated 
February  10,  1892 ;  recorded  in  book  H,  page  452,  of  same  records. 

Lot  166.  Area,  167.06  acres.  Decree  of  LTnited  States  circuit  court 
of  February  10,  1892,  in  case  No.  166,  covering  84.56  acres,  the  prop- 
erty of  Jos.  W.  Osborn.  and  deed  from  same,  dated  February  13, 
1892;  recorded  in  book  H,  page  454,  of  same  records.  Decree  of 
same  court  of  February  11,  1892.  in  case  No.  163,  covering  82.50 
acres,  the  property  of  James  C.  Gordon,  and  deed  from  same,  dated 
August  2,  1892 ;  recorded  in  book  H,  page  524,  of  same  records. 

Lot  167.  Area,  166.25  acres.  Decree  of  United  States  circuit  court 
of  December  18,  1891,  in  case  No.  143,  covering  49.80  acres,  property 
of  John  C.  Speer,  and  deed  from  same,  dated  February  10,  1892; 
recorded  in  book  EL  page  445,  of  same  records.  Decree  of  same  court 
of  December  18?  1891,  in  case  No.  151,  covering  38.05  acres,  property 
of  Jos.  W.  Osborn,  and  deed  from  same,  dated  February  13, 
1892 ;  recorded  in  book  H,  page  454,  of  same  records.  Decree  of  same 
court  of  January  6,  1893,  in  case  No.  144,  covering  78.40  acres,  prop- 
erty of  William  F.  Conner,  and  deed  from  same,  dated  March  27, 
1893 ;  recorded  in  book  I,  page  40,  of  same  records. 

Lot  168.  Area,  168  acres.  Decree  of  United  States  circuit  court 
of  December  17,  1891,  in  case  No.  145,  covering  entire  lot,  property 
of  George  W.  Brotherton  et  al.,  and  deed  from  James  L.  Brotherton 
et  al.,  dated  February  12,  1892;  recorded  in  book  H,  page  513,  of 
same  records;  and  quitclaim  deed  of  Wm.  J.  Brotherton,  dated 
April  25,  1892;  recorded  in  book  H,  page  516,  of  same  records. 

Lot  169.  Area,  159.38  acres.  Decree  of  United  States  circuit  court 
of  December  16,  1891,  in  case  No.  127,  covering  entire  lot,  property 
of  George  W.  Brotherton  et  al.,  and  deed  from  James  L.  Brotherton 
et  al.,  dated  October  9,  1891,  conveying  entire  lot;  recorded  in  book 
H,  page  410,  of  same  records. 

Lot  170  (except  one-third  acre  southwest  of  the  Dry  Valley  Road). 
Area,  about  177.67  acres.  Decree  of  United  States  circuit  court  of 
December  16,  1891,  covering  24J  acres,  in  case  No.  130,  property  of 
Lee  B.  Dyer.  Decree  of  December  17, 1891,  in  case  No.  131,  covering 
104:^  acres,  property  of  Spillsbee  Dyer;  deed  from  Spillsbee  Dyer 
et  al.,  dated  October  7, 1891,  conveying  all  of  lot  No.  170,  except  one- 
third  acre  in  southwest  corner.  Area  of  premises  conveyed,  about 
177.67  acres;  deed  recorded  in  book  No.  7,  pages  375-377,  of  the 
deed  records  of  Walker  County. 

Lot  171  (part  of).  Area,  about  17.58  acres.  Deed  from  Charles  J. 
Osburn,  dated  June  25,  1892,  conveying  9.62  acres,  subject  to  railway 


74  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

right  of  way  in  about  1.6  acres;  recorded  in  book  8,  pages  358-359,  of 
the  deed  records  of  Walker  County ;  deed  from  Julia  A.  Rush,  dated 
May  i^>.  ls(.)k2,  conveying  about  6.93  acres,  subject  to  right  of  way  of 
railway  in  about  0.93  acre;  recorded  in  book  8,  pages  356-358,  of 
same  records.  Deed  from  W.  M.  Weathers,  dated  October  8,  1892, 
conveying  about  0.38  acre;  recorded  in  book  8,  pages  413-414,  of 
same  records.  Deed  from  Caroline  M.  Braden,  dated  May  16,  1898, 
conveying  about  0.65  acre;  recorded  in  book  12,  pages  423-424,  of 
same  records. 

Lot  190  (parts  of  lot).  Area,  5.86  acres.  Decree  of  United  Stale. 
circuit  court  of  February  10,  1892,  in  case  No.  174,  covering  0.94 
(5.86)  acre,  property  of  Mary  Weathers. 

Lot  191.  Area,  188.9  acres.  Decree  of  United  States  circuit  court 
of  February  10,  1892,  in  case  No.  174,  covering  3.9  acres,  property  of 
Mary  Weathers;  unrecorded  deed  from  Mary  Weathers  et  al.,  dated 
April  15,  1892,  covering  same  property.  I)ecree  of  same  court  of 
December  17,  1891,  in  case  No.  155,  covering  entire  lot  (185  acres), 
except  that  portion  lying  on  the  west  side  of  railroad  and  Dry  Valley 
K'oad.  (lie  properly  of  George.  W.  Urotherton,  and  deed  from  same, 
dated  February  10,  1892,  covering  same  premises,  subject  to  railway 
right  of  way;  recorded  in  book  8  of  deeds,  pages  274  - -J7:»,  of  the 
deed  records  of  Walker  County. 

Lot  10-J.  Area,  173.80  acres.  Decree  of  United  States  circuit  court 
of  February  11.  lS!>i>,  in  case  No.  ir,i>,  covering  entire  lot,  the  prop- 
erty of  John  A.  (Jross  et  al.,  and  unrecorded  deed  from  same,  dated 
Feiiruarv  L'.'i.  ISI>L>.  covering  same  premises. 

Lot  I'/*:}.  Area,  183.31  acres.  Decree  of  United  States  circuit  court 
of  December  18,  1891,  in  case  No.  149,  covering  entire  lot,  the  prop- 
erty of  Sarah  E.  Case  et  al..  and  deed  from  same,  dated  February  10, 
1892,  covering  entire  lot  except  right  of  way  for  road  across  said  lot 
reserved  by  James  C.  Cordon  in  conveyance  to  case:  recorded  in  book 
II,  page  443,  deed  records  of  Catoosa  County.  Deed  from  James  C. 
Gordon,  dated  February  10,  189-J,  conveying  said  right  of  way  for 
road,  estimated  to  contain  2  acres;  recorded  in  book  H,  page  447,  of 
same  records. 

Lot  191  (part  of).  Area,  170  acres.  Decree  of  United  States  cir- 
cuit court  of  December  IT.  I  SIM,  in  case  No.  148,  covering  170  acres, 
the  propcrtv  <>f  James  C.  Cordon;  and  deed  from  same,  dated  August 
2,  1892,  conveying  all  of  said  lot  lying  north  and  west  of  the  Chat- 
tanooga Creek,  containing  170  acres;  recorded  in  book  H,  page  524. 
deed  records  of  Catoosa  County. 

Lot  l(.»r>  (part  of).  Area,  186.91  acres.  Decree  of  United  States 
circuit  court  of  February  11.  1SD-J,  in  case  No.  163,  covering  all  of 
said  lot  lying  north  of  tTie  channel  of  Chattanooga  Creek,  containing 
i;>,V!)l  acres,  the  property  of  , lames  C.  Cordon;  and  deed  from  same 
dated  August  kJ,  1  s',)-_> ;  recorded  in  book  II,  page  5iM,  of  the  deed 
records  of  Catoosa  County. 

Lot  i?0tt  (part  of).  Area,  143.16  acres.  Decree  of  the  United  States 
circuit  court  of  February  1 1,  ISO'J.  in  case  No.  163,  covering  92  acres, 
proper! v  of  .lames  C.  Cordon;  and  deed  to  same  dated  August  2, 
IStH;  recorded  in  book  II,  page  524  of  same  records.  Decree  of  same 
court  of  September  17,  1894.  in  case  No.  165,  covering  51.16  acres, 
property  of  Samuel  Hall. 


GEORGIA.  75 

Lot  204.  Area,  157.64  acres.  Decree  of  United  States  circuit  court 
of  February  12,  1892,  in  case  No.  172,  covering  east  half  of  lot,  prop- 
erty of  Caroline  Thedford  et  al.  Decree  of  same  court  of  September 
17,  1894,  in  case  No.  165,  covering  west  half  of  lot,  property  of 
Samuel  Hall. 

Lot  205.  Area,  153.10  acres.  Decree  of  United  States  circuit  court 
of  December  18, 1891,  in  case  No.  160,  covering  0.38  acre,  the  property 
of  the  Crawfish  Springs  Land  Co.,  situated  in  the  southwest  corner 
of  said  lot.  Decree  of  same  court  of  May  1,  1892,  in  case  No.  146, 
covering  76.55  acres  (the  north  half  of  said  lot),  the  property  of 
Samuel  W.  Divine;  and  deed  from  same  dated  March  14,  1892,  re- 
corded in  book  H,  page  518,  of  the  deed  records  of  Catoosa  County. 
Decree  of  same  court  of  June  23,  1893,  in  case  No.  147  and  case  No. 
170,  covering  the  south  half  of  said  lot  (76.17  acres),  the  property 
of  Joseph  T.  Scott  et  al  (Scott  heirs). 

Lot  206.  Area,  171.8  acres.  Decree  of  United  States  circuit  court 
of  February  12, 1892,  in  case  No.  175,  covering  10  acres,  the  property 
of  Mary  Weathers  et  al;  and  deed  from  same  dated  April  15,  1902 
(deed  unrecorded).  Decree  of  same  court  of  December  18,  1891,  in 
case  No.  154,  covering  north  half  of  said  lot  (80.72  acres),  the  prop- 
erty of  James  R.  Horton ;  and  deed  from  same  dated  April  16,  1892, 
conveying  same  subject  to  right  of  way  of  railway  company  (about 
1  acre)  ;  recorded  in  book  8  of  deeds,  pages  276-277,  deed  records  of 
Walker  County.  Decree  of  same  court  of  December  16,  1891,  in  case 
No.  153,  covering  80.72  acres,  the  property  of  W.  M.  Ireland  (the 
south  half  of  said  lot)  ;  and  deed  from  same  dated  February  10,  1892, 
conveying  same  premises;  recorded  in  book  8,  pages  162-163,  of  the 
deed  records  of  Walker  County. 

Lot  227  (part  of).  Area,  49.26  acres.  Decree  of  the  United  States 
circuit  court  of  February  11, 1892,  as  amended  in  decree  of  March  30, 
1892,  in  case  No.  161,  covering  above  tract,  the  property  of  the  Craw- 
fish Springs  Land  Co.  (Walker  County). 

Lot  228  (part  of).  Area,  42.95  acres.  Decree  of  United  States 
circuit  court  of  February  11,  1892,  as  amended  by  decree  of  March 
30,  1892,  covering  7.15  acres,  more  or  less,  the  property  of  the  Craw- 
fish Springs  Land  Co.  Decree  of  same  court  of  June  23,  1893,  in 
cases  Nos.  147  and  170,  covering  35.8  acres,  more  or  less,  the  property 
of  Joseph  T.  Scott  et  al.  (Scott  heirs). 

Lot  229  (part  of).  Area,  119.44  acres.  Decree  of  United  States 
circuit  court  of  February  12,  1892,  in  case  No.  173,  covering  90.5 
acres,  the  property  of  Thedford  et  al.  Decree  of  same  court  of 
September  17,  1894,  in  case  No.  165,  covering  28.94  acres,  the  prop- 
erty of  Samuel  Hall. 

Lot  230  (part  of).  Area,  155.54  acres.  Decree  of  United  States 
circuit  court  of  February  11,  1892,  in  case  No.  164,  covering  entire 
lot,  the  property  of  Jeptha  F.  Hunt ;  and  deed  from  same  dated 
February  27,  1892,  recorded  in  book  H,  page  441,  of  the  deed  records 
of  Catoosa  County. 

TENNESSEE. 

LOOKOUT  MOUNTAIN. 

1.  Deed  from  Mrs.  N.  J.  McMillin,  dated  September  4,  1896,  con- 
veying 35.8  acres  of  land ;  also  right  of  way  over  the  land  held  as  an 
easement;  and  also  all  interest  in  lands  lying  between  the  Chatta- 


76  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

nooga  &  Lookout  Mountain  Railway  and  the  base  of  the  west  bluff  of 
Lookout  Mountain,  in  Hamilton  County.  Deed  entered  in  notebook 
No.  8,  page  369,  and  recorded  in  book  F,  volume  6,  page  712  et  seq.,  of 
the  deed  records  of  Hamilton  County. 

2.  Deed  from  Mrs.  N.  J.  McMillin,  dated  March  16,  1900,  convey- 
ing one-twentieth  of  an  acre,  more  or  less,  to  correct  error  in  above 
deed,  dated  September  4,  1896.     Deed  entered  in  notebook  No.  9, 
page  209,  and  recorded  in  book  V,  volume  6,  page  676,  of  same 
records. 

3.  Deed  from  W.  G.  E.  Cunnyngham  and  wife  et  al.,  dated  Sep- 
tember 4,  1896,  conveying  46.26  acres  of  land  in  the  seventeenth  dis- 
trict of  Hamilton  County.     Deed  entered  in  notebook  No.  8,  page 
384,  and  recorded  in  book  H,  volume  6,  page  339  et  seq.,  of  same 
records. 

4.  Deed  from  E.  W.  Wallace  and  wife,  dated  December  21,  18i)C>. 
conveying  144.000  square  feet  of  land  in  the  seventeenth  district  of 
Hamilton  County.     Deed  entered  in  notebook  No.  8,  page  384,  and 
recorded  in  book  H,  volume  6,  page  338  et  seq..  of  same  records. 

5.  Deed  from  Elmer  J.  Smart  et  al.,  trustees,  dated  July  15,  1898, 
conveying  about  12.2  acres  of  land  in  the  nineteenth  district  of  Ham- 
ilton County.     Deed  recorded  in  book  O,  volume  6,  page  471  et  seq., 
of  same  records. 

6.  Deed  from  T.  G.  Barnhill  and  wife,  dated  July  24,  1899,  con- 
veying 2.7  acres,  more  or  less,  in  the  sixth  civil  district  of  Hamilton 
County.     Deed  entered  in  notebook  No.  9,  page  150,  and  recorded  in 
book  U,  volume  6,  page  9  et  seq.,  of  same  records. 

7.  Deed  from  Daniel  Butterfield  and  wife,  dated  April  25,  1900, 
conveying,  at  the  request  of  the  governor  of  the  State  of  New  York, 
four  {parcels  of  land,  containing,  respectively,  nearly  1  aero.  O.l7f> 
acre,  0.175  acre,  and  about  0.1  acre,  in  Hamilton  County.     Deed 
recorded  in  book  E,  volume  8,  page  330  et  seq.,  of  same  records. 

8.  Deed  of  Phil.  R.  Wilhoite  et  al.,  as  trustees  of  the  St.  Elmo 
Methodist  Episcopal  Church  South,  dated  March  25,  1903,  conveying 
lot  No.  33  in  Cravens  &  McMillin's  Addition  to  Lookout  Mountain, 
containing  0.78  acre.     Deed  entered  in  notebook  No.  10,  page  139, 
and  recorded  in  book  N,  volume  7,  page  536  et  seq.,  of  same  records. 

9.  Quit-claim  deed  from   A.   C.   and  W.   J.  Willingham,  dated 
August  30,  1913,  conveying  all  their  right,  title,  and  interest  in  cer- 
tain portions  of  a  tract  of  land  purchased  by  the  United  States  from 
W.  G.  E.  Cunnyngham  and  wife  et  al.,  under  deed  dated  September  4, 
1896  (see  3,  ante),  said  portions  of  said  tract  having  been  encroached 
upon  by  the  grantors. 

ORCHARD  KNOB. 

1.  Deed  from  J.  J.  Myers  and  wife,  dated  April  5, 1893,  conveying 
an  undivided  half  interest  in  3§  acres  on  Orchard  Knob,  in  Hamilton 
County.     Deed  and  plat  entered  in  notebook  No.  7,  page  527,  and 
recorded  in  book  M,  volume  5,  page  15,  et  seq.,  of  same  records. 

2.  Deed  from  Mary  Anderson  and  husband,  dated  April  20,  1893, 
conveying  an  undivided  half  interest  in  same  tract.     Deed  and  plat 
entered  in  notebook  No.  7,  page  527,  and  recorded  in  book  M,  volume 
5,  page  11   et  seq.,  of  same  records. 

3.  Deed  from  the  McCallie  Avenue  Land  &  Improvement  Co., 
dated  April  6,  1893.  conveying  3.7  acres  on  Orchard  Knob,  in  Hamil- 


GEORGIA.  77 

ton  County.     Deed  and  plat  entered  in  notebook  No.  7,  page  527,  and 
recorded  in  book  M,  volume  5,  page  18  et  seq.,  of  same  records. 


SHERMAN    HEIGHTS. 


1.  Deed  from  Jesse  D.  Trueblood  and  wife,  dated  December  8, 
1894,  conveying  17.70  acres,  excepting  lots  5,  6,  62,  and  63,  therein 
described,  in  Hamilton  County.     (Trueblood's  subdivision  of  Sher- 
man Heights.)     Deed,  etc.,  entered  in  notebook  No.  8,  page  190,  and 
recorded  in  book  X,  volume  5,  page  322  et  seq.,  of  same  records. 

2.  Deed  from  Philomene  P.  Myer,  dated  November  26,  1894,  con- 
veying lots  5  and  6  in  said  subdivision.     Deed,  etc.,  entered  in  note- 
book No.  8,  page  203,  and  recorded  in  book  X,  volume  5,  page  464 
et  seq.,  of  same  records. 

3.  Deed  from  the  Covenant  Building  &  Loan  Association,  dated 
March  5,  1905,  conveying  lots  62  and  63,  in  said  subdivision.     Deed, 
etc.,  entered  in  notebook  No.  8,  page  203,  and  recorded  in  book  X, 
volume  5,  page  466  et  seq.,  of  same  records. 

4.  Deed  from  C.  A.  Crow  and  wife,  dated  November  21,  1894, 
conveying  12  acres  in  Hamilton  County.    Deed,  etc.,  entered  in  note- 
book No.  8,  page  166,  and  recorded  in  book  X,  volume  5,  page  54 
et  seq.,  of  same  records. 

5.  Deed  from  C.  A.  Crow,  dated  February  5,  1900,  to  correct  error 
in  above  instrument,  dated  November  21,  1894.    Entered  in  notebook 
No.  9,  page  190,  and  recorded  in  book  V,  volume  6,  page  452  et  seq., 
of  same  records. 

6.  Deed  from  John  A.  Moon  and  wife,  dated  November  22,  1894, 
conveying   about   16.25   acres   on  Missionary   Ridge,   in   Hamilton 
County.    Deed,  etc.,  entered  in  notebook  No.  8,  page  166,  and  re- 
corded in  book  X,  volume  5,  page  51  et  seq.,  of  same  records. 

7.  Deed    from   the    Seventy-third    Regiment   Pennsylvania    Vet- 
eran Volunteer  Association,  by  Hugh  Kennedy  and  William  Fees, 
attorneys  specially  authorized  for  the  purpose,  dated  November  14, 
1905,  to  site  in  the  village  of  Sherman  Heights,  Hamilton  County., 
upon  which  to  erect  the  monument  of  said  association.     Deed  re- 
corded in  book  J,  volume  8,  page  96  et  seq.,  of  same  records. 

BRAGG' s  HEADQUARTERS. 

Deed  from  the  Bragg  Hill  Land  Co.,  dated  March  16, 1893,  convey- 
ing about  2.50  acres,  therein  described,  on  Braggs  Hill,  in  Hamilton 
County.  Deed  and  plat  entered  in  notebook  No.  7,  page  477,  and 
recorded  in  book  K,  volume  5,  page  28  et  seq.,  of  same  records. 


DE   LONG   PLACE. 


Deed  from  Kate  M.  James  et  al.,  dated  December  19,  1892,  con- 
veying 5.25  acres,  therein  described,  on  Missionary  Ridge,  in  Hamil- 
ton County.  Deed  and  plat  entered  in  notebook  No.  7,  page  397,  and 
recorded  in  book  G,  volume  5,  page  73  et  seq.,  of  same  records. 


OHIO  RESERVATION. 


1.  Deed  from  N.  C.  Steele  et  ux.,  dated  December  29,  1902,  con- 
veying 0.87  acre  on  Crest  Road.  Recorded  in  book  J,  volume  7, 
page  612,  of  same  records. 


78  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

2.  Deed  from  Ruth  Hey  wood,  dated  December  29,  1902,  conveying 
0.87  acre  on  Crest  Road.  Recorded  in  book  J,  volume  7,  page  613, 
of  same  records. 

SITE  OF  THE  PHELPS  MONUMENT. 

Deed  from  William  Heron  et  ux.,  dated  May  31,  1895,  conveying 
0.023  acre  adjoining  Crest  Road.  Recorded  in  book  Z,  volume  6, 
page  504  et  seq.,  of  same  records. 

SITE    OF    MONUMENT    TO    NINETEENTH    ILLINOIS    REGIMENT. 

Deed  from  D.  F.  Brenner  et  al.,  dated  October  24,  1897,  conveying 
about  900  square  feet  along  the  Crest  Road  on  Braggs  Hill.  Recorded 
in  book  L,  volume  6,  page  171  et  seq.,  of  same  records. 

ROADWAYS. 

The  following  deeds  convey  the  title  to  certain  tracts  acquired  for 
roadway  purposes : 

RINGGOLD    ROAD. 

This  road  extends  from  the  eastern  boundary  of  the  park  to  the 
New  York  Monument  in  Ringgold  Park. 

1.  Deed  from  John  S.  Love  et  al.,  dated  August  19,  1896,  and 
recorded  in  book  J,  page  356,  of  the  records  of  Catoosa  County. 

2.  Deed  from  J.  P.  Speer  et  al.,  dated  September  1,  1896,  and 
recorded  in  book  J,  page  350,  of  same  records. 

3.  Deed  from  J.  J.  Reed  et  al.,  dated  -      — ,  — ,  1896,  and  recorded 
in  book  J,  pages  484  to  486,  of  same  records. 

4.  Deed  from  J.  S.  Love  et  al.,  dated  September  1,  1896,  and  re- 
corded in  book  J,  page  368,  of  same  records. 

5.  Deed  from  W.  H.  Albright  et  al.,  dated  September  1,  1896,  and 
recorded  in  book  J,  pages  458  to  461,  of  same  records. 

6.  Deed  from  G.  E.  D.  Russell  et  al.,  dated  September  1,  1896,  and 
recorded  in  book  J,  pages  461  to  463,  of  same  records. 

7.  Deed  from  W.  T.  Park  et  al.,  dated  September  1,  1896,  and 
recorded  in  book  J,  page  398,  of  same  records. 

8.  Deed  from  L.  L.  and  C.  P.  Hitt,  dated  September  1,  1896,  and 
recorded  in  book  J,  pages  340  to  344,  of  same  records. 

9.  Deed  from  W.  T.  Park,  dated  September  1,  1896,  and  recorded 
in  book  J,  page  378,  of  same  records. 

10.  Deed  from  F.  M.  Powell,  dated  September  1, 1896,  and  recorded 
in  book  J,  page  360,  of  same  records. 

11.  Deed  from  T.  E.  Anderson  et  al.,  dated  September  1,  1896,  and 
recorded  in  book  J,  pages  343  and  344,  of  same  records. 

12.  Deed  from  J.  T.  Robinson  et  al.,  dated  September  1,  1896,  and 
recorded  in  book  J,  page  364,  of  same  records. 

13.  Deed  from  Jacob  R.  Peters,  dated  September  15,  1896,  and 
recorded  in  book  J,  page  381,  of  same  records. 

"T.  J. 


14.  Deed  from  J.  J.  Reed,  dated  September  15,  1896,  and  recorded 
in  book  J,  page  375,  of  same  records. 

15.  Deed  from  Helen  McDaniell,  dated  August  17,  1897,  and  re- 
corded in  book  J,  page  365,  of  same  records. 


GEORGIA.  79 

16.  Deed  from  the  Commissioners,  town  of  Ringgold,  dated  June 
28,  1899,  and  recorded  in  book  J,  page  346,  of  same  records. 

17.  Deed  from  W.  I.  Jobe  et  al.,  dated  August  14,  1899,  and  re- 
corded in  book  J,  page  373,  of  same  records. 

18.  Deed  from  J.  W.  Cavender,  dated  August  31,  1899,  and  re- 
corded in  book  J,  page  354,  of  same  records. 

19.  Deed  from  A.  P.  Yates  et  al.,  dated  September  23,  1899,  and 
recorded  in  book  J,  page  370,  of  same  records. 

REEDS    BRIDGE    ROAD. 

This  road  extends  from  the  La  Fayette  Road  to  the  eastern  bound- 
ary of  the  park  near  Jays  Mill. 

1.  Deed  from  Jesse  B.  Beaver,  dated  December  28,  1900,  and  re- 
corded in  book  J,  page  591,  of  the  records  of  Catoosa  County. 

2.  Deed  from  Martha  A.  Ward  et  al.,  dated  September  13,  1901, 
and  recorded  in  book  J,  pages  713  and  714,  of  same  records. 

3.  Deed  from  Jos.  B.  Dixon,  dated  October  7, 1901,  and  recorded  in 
book  J,  pages  730  and  731,  of  same  records. 

4.  Deed  from  C.  R.  Love,  dated  October  12,  1901,  and  recorded  in 
book  J,  pages  739  and  740,  of  same  records. 

ROSSVILLE    AND    VITTETOE     (DRY    VALLEY)     ROAD. 

This  road  is  one  of  the  approaches  to  the  park,  and  the  deeds  cover 
the  right  of  way  between  the  La  Fayette  Road  at  Rossville  and  junc- 
tion of  the  "  Mullis-McFarland  Gap  Road  "  at  the  Murdock  trestle, 
in  the  heart  of  McFarland  Gap. 

1.  Deed  from  H.  T.  Olmstead,  dated  March  26,  1902,  and  recorded 
in  book  15,  page  393,  of  same  records. 

2.  Deed  from  Mrs.  M.   H.   Gibson,  dated  March  28,  1902,  and 
recorded  in  book  15,  page  394,  of  same  records. 

3.  Deed  from  John  M.  McFarland,  dated  March  29,  1902,  and 
recorded  in  book  15,  page  395,  of  same  records. 

4.  Deed  from  T.  F.  McFarland,  dated  March  29, 1902,  and  recorded 
in  book  15,  page  387,  of  same  records. 

5.  Deed  from  I.  M.  Flegal,  dated  March  29,  1902,  and  recorded  in 
book  15,  page  406,  of  same  records. 

6.  Deed  from  Wiley  Wall,  dated  March  29,  1902,  and  recorded  in 
book  15,  page  397,  of  same  records. 

7.  Deed  from  C.  A.  Siekenknecht,  dated  March  29,  1902,  and  re- 
corded in  book  15,  page  393,  of  same  records. 

8.  Deed  from  George  Usmiller,  dated  March  29,  1902,  and  recorded 
in  book  15,  page  401,  of  same  records. 

9.  Deed  from  R.  B.  Stegall,  dated  March  29,  1902,  and  recorded  in 
book  15,  page  398,  of  same  records. 

10.  Deed  from  John  C.  Schmitt,  dated  April  1,  1902,  and  recorded 
in  book  15,  page  396,  of  same  records. 

11.  Deed  from  J.  A.  McFarland,  dated  April  2,  1902,  and  recorded 
in  book  15,  page  399,  of  same  records. 

12.  Deed  from  Mrs.  A.  E.  Morrison,  dated  April  2,  1902,  and  re- 
corded in  book  15,  page  404,  of  same  records. 

13.  Deed  from  J.  R.  Conley,  dated  April  14,  1902,  and  recorded  in 
book  15,  page  391,  of  same  records. 

12625°— 16 6 


80  UNITED   STATES    MILITAKY   RESERVATIONS,  ETC. 

14.  Deed  from  J.  R.  McFarland,  dated  April  16, 1902,  and  recorded 
in  book  15,  page  387,  of  same  records. 

15.  Deed  from  James  R.  McFarland,  dated  April  16,  1902,  and 
recorded  in  book  15,  page  404,  of  same  records. 

16.  Deed  from  J.  R.  McFarland,  dated  April  16, 1902,  and  recorded 
in  book  15,  page  402,  of  same  records. 

17.  Deed  from  T.  E.  Waters,  dated  April  28, 1902,  and  recorded  in 
book  15,  page  401,  of  same  records. 

18.  Deed  from  Mrs.  M.  M.  Thomas,  dated  April  29,  1902,  and  re- 
corded in  book  15,  page  395,  of  same  records. 

19.  Deed  from  E.  W.  Royce,  dated  April  29,  1902,  and  recorded  in 
book  15,  page  403,  of  same  records. 

20.  Deed  from  E.  C.  Blighton  and  wife,  dated  May  9,  1902,  and 
recorded  in  book  15,  page  400,  of  same  records. 

21.  Deed  from  the  Chickamauga  Cement  Co.,  dated  May  14,  1902, 
and  recorded  in  book  15,  page  405,  of  same  records. 

22.  Deed  from  John  M.  McFarland,  dated  July  21,  1902,  and  re- 
corded in  book  15,  page  465,  of  same  records. 

DRY   VALLEY   AND    CRAWFISH    SPRINGS   ROAD. 

This  road  is  one  of  the  approaches  to  the  park  and  reaches  from 
McFarland  Gap  to  the  intersection  of  the  "Lee  and  Gordon  Mills 
Road."  While  completing  inclosure  around  the  park  some  right  of 
way  was  required  for  this  road  in  order  to  place  the  fence  along  its 
western  boundary,  provided  by  law.  This  necessitated  limited  con- 
struction work,  and  the  right-of-way  deeds  inclosed  were  obtained  for 
that  purpose. 

1.  Deed  from  Amanda  E.  Smith  and  husband,  dated  March  21, 
1902,  and  recorded  in  book  15,  page  408,  of  the  records  of  Walker 
County. 

2.  Deed  from  Miles  Weathers,  dated  December  16,  1902,  and  re- 
corded in  book  15,  page  198,  of  same  records. 

GLASS   MILL  ROAD. 

This  road  from  Crawfish  Springs  to  Glass  Mill  is  one  of  the  ap- 
proaches to  the  park. 

1.  Deed  from  J.  T.  Glass,  administrator,  etc.,  and  R.  C.  Stotts, 
dated  August  14,  1901,  and  recorded  in  book  15,  page  116,  of  the  rec- 
ords of  Walker  County. 

2.  Deed  from  J.  J.  Davis,  dated  August  14,  1901,  and  recorded  in 
book  15,  page  112,  of  same  records. 

3.  Deed  from  Pattsy  P.  Shaver  and  Sarah  E.  Bowman",  dated 
August  14, 1901,  and  recorded  in  book  15,  page  114,  of  same  records. 

4.  Deed  from  D.  G.  Elder,  dated  November  15,  1901,  and  recorded 
in  book  15,  page  171,  of  same  records. 

5.  Deed  from  Gordon  Lee  et  al.,  dated  November  20,  1901,  and 
recorded  in  book  15,  page  178,  of  same  records. 

6.  Deed  from  the  board  of  mayor  and  aldermen  of  the  city  of 
Chickamauga,  dated  April  25,  1902,  and  recorded  in  book  15,  page 
439,  of  same  records. 

LAFAYETTE  EXTENSION  ROAD. 

This  road  extends  from  Lee  and  Gordon's  Mill  to  the  corporation 
line. 


GEORGIA.  81 

1.  Deed  from  Mrs.  T.  H.  Hunt,  dated  August  6, 1896,  and  recorded 
in  book  I,  pages  681  and  682,  of  the  records  of  Catoosa  County. 

2.  Deed  from  Harrison  Goree  and  J.  C.  Wardlaw,  dated  August  2, 
1897,  and  recorded  in  book  13,  page  93,  of  the  records  of  Walker 
County. 

3.  Deed  from  T.  P.  Jarnagin  and  wife,  dated  Dcember  2, 1912,  and 
recorded  in  book  26,  page  153,  of  same  records, 

4.  Deed  from  J.  B.  Wheeler  estate,  dated  August  5,  1897,  and  re- 
corded in  book  13,  pages  100  and  101,  of  same  records. 

5.  Deed  from  Mrs.  Laura  G.  Snow,  dated  August  5,  1897,  and 
recorded  in  book  13,  page  73,  of  same  records. 

6.  Deed  from  S.  M.  Warthen,  administrator,  etc.,  dated  August 
5,  1897,  and  recorded  in  book  15,  page  432,  of  same  records. 

7.  Deed  from  Benjamin  L.  Chastian,  sr.,  and  W.  H.  Neely,  dated 
August  5,  1897,  and  recorded  in  book  13,  page  116,  of  same  records. 

8.  Deed  from  the  Joseph  Henderson  estate,  dated  August  6,  1897, 
and  recorded  in  Book  I,  page  684,  of  the  records  of  Catoosa  County. 

9.  Deed  from  Mary  A.  Jones,  dated  August  6,  1897,  and  recorded 
in  book  12,  page  322,  of  the  records  of  Walker  County. 

10.  Deed  from  Daniel  Bolton,  dated  August  6,  1897,  and  recorded 
in  book  12,  pages  326  and  327,  of  same  records. 

11.  Deed  from  Mrs.  L.  A.  Neyman,  dated  August  14,  1897,  and 
recorded  in  book  13,  page  63,  of  the  same  records. 

12.  Deed  from  Mrs.  E.  J.  Catlett,  dated  August  14,  1897,  and 
recorded  in  book  13,  page  64,  of  same  records. 

13.  Deed  from  William  Nave,  dated  August  14,  1897,  and  recorded 
in  book  13  page  61,  of  same  records. 

14.  Deed  from  J.  F.  Catlett,  dated  August  14,  1897,  and  recorded 
in  book  13,  page  97,  of  same  records. 

15.  Deed  from  John  B.  Henderson,  dated  August  16,  1897,  and 
recorded  in  Book  I,  pages  690  to  692,  of  the  records  of  Catoosa 
County. 

16.  Deed  from  Joel  J.  Jones,  dated  August  16,  1897,  and  recorded 
in  book  12,  pages  323  and  324,  of  the  records  of  Walker  County. 

17.  Deed  from  Absalom  N.  Reichard,  dated  August  16,  1897,  and 
recorded  in  book  12,  pages  328  and  329,  of  same  records. 

18.  Deed  from  A.  P.  Warrenfells,  dated  August  17,  1897,  and 
recorded  in  book  13,  page  70,  of  same  records. 

19.  Deed  from  John  R.  Tyner,  dated  August  18,  1897,  and  re- 
corded in  book  13,  page  55,  of  same  records. 

20.  Deed  from  John  E.  Tyner,  dated  August  18,  1897,  and  re- 
corded in  book  13,  page  59,  of  same  records. 

22.  Deed  from  D.  M.  Carroll,  dated  August  18,  1897.  and  recorded 
in  book  13,  page  57,  of  same  records. 

23.  Deed  from  J.  C.  Knox,  dated  August  18,  1897,  and  recorded 
in  book  13,  page  78,  of  same  records. 

24.  Deed  from  R.  O.  Rogers,  dated  August  18,  1897,  and  recorded 
in  book  13,  page  75,  of  same  records. 

25.  Deed  from  J.  M.  Shields,  jr.,  dated  August  19,  1897,  and  re- 
corded in  book  13,  page  85,  of  same  records. 

26.  Deed  from  J.  W.  Keys,  dated  August  19,  1897,  and  recorded 
in  book  13,  page  58,  of  same  records. 


82  UNITED   STATES   MILITAKY   RESERVATIONS,  ETC. 

27.  Deed  from  William  Glass,  dated  August  19,  1897,  and  re- 
corded in  book  13,  page  62,  of  same  records. 

28.  Deed  from  William  Glass,  dated  August  19,  1897,  and  re- 
corded in  book  13,  page  88,  of  same  records. 

29.  Deed  from  John  R.  Tyner,  dated  August  20,  1897,  and  re- 
corded in  book  13,  page  80,  of  same  records. 

30.  Deed  from  William  Nave,  dated  August  20,  1897,  and  re- 
corded in  book  13,  page  81,  of  same  records. 

31.  Deed  from  Mrs.  S.  A.  Warthen,  dated  August  21,  1897,  and 
recorded  in  book  13,  page  76,  of  same  records. 

.32.  Deed  from  Mrs.  S.  A.  Warthen,  dated  August  21,  1897,  and 
recorded  in  book,  13,  page  92,  of  same  records. 

33.  Deed  from  Mrs.  Alice  A.  Deck,  dated  August  23,  1897,  and 
recorded  in  book  12,  page  330,  of  same  records. 

34.  Deed  from  Mrs.  Alice  A.  Deck,  dated  August  23,  1897,  and 
recorded  in  book  12,  page  332,  of  same  records. 

35.  Deed  from  Oliver  P.  Fouts,  dated  August  24,  1898,  and  re- 
corded in  book  13,  page  42,  of  same  records. 

36.  Deed  from  J.  T.  Warrenfells,  dated  August  24,  1897,  and  re- 
corded in  book  13,  page  69,  of  same  records. 

37.  Deed  from  D.  T.  Scoggins,  dated  August  25,  1897,  and  re- 
corded in  book  13,  page  95,  of  same  records. 

38.  Deed  from  the  J.  B.  Wheeler  estate,  dated  August  25, 1897,  and 
recorded  in  book  13,  page  99,  of  same  records. 

39.  Deed  from  Willis  Jones  and  Rees  Jones,  agents,  etc.,  dated 
August  28,  1897,  and  recorded  in  book  13,  page  53,  of  same  records. 

40.  Deed  from  Mary  A.  Jones,  dated  August  30,  1897,  and  re- 
corded in  Book  I,  pages  687  and  688,  of  the  records  of  Catoosa 
County. 

41.  Deed  from  William  Ball,  dated  August  30,  1897,  and  recorded 
in  book  13,  page  114,  of  the  records  of  Walker  County. 

42.  Deed  from  Joseph  Deck,  dated  September  2, 1897,  and  recorded 
in  book  13,  page  49,  of  same  records. 

43.  Deed  from  Gordon  Lee  et  al.,  dated  September  20,  1897,  and 
recorded  in  book  12,  pages  319  to  321,  of  same  records. 

44.  Deed  from  C.  L.  Johnston,  dated  September  30,  1897,  and  re- 
corded in  book  13,  page  77,  of  same  records. 

45.  Deed  from  K.  C.  Jones,  dated  October  12,  1897,  and  recorded 
in  book  13,  page  86,  of  same  records. 

46.  Deed  from  John  H.  Moreland,  dated  October  15,  1897,  and 
recorded  in  book  13,  page  90,  of  same  records. 

47.  Deed  from  E.  E.  Neely,  dated  October  15,  1897,  and  recorded 
in  book  13,  page  154,  of  same  records. 

48.  Deed  from  B.  F.  Neely,  dated  October  19,  1897,  and  recorded 
in  book  13,  page  153,  of  same  records. 

49.  Deed  from  T.  J.  Alsobrook,  dated  October  25,  1897,  and  re- 
corded in  book  14,  page  395,  of  same  records. 

50.  Deed  from  J.  M.  Shields,  sr.,  dated  October  25,  1897,  and  re- 
corded in  book  13,  page  47,  of  same  records. 

51.  Deed  from  W.  S.  Renfro,  dated  December  14,  1897,  and  re- 
corded in  book  13,  page  67,  of  same  records. 

52.  Deed  from  S.  A.  Eice,  dated  April  21,  1898,  and  recorded  in 
book  13,  page  45,  of  same  records. 


GEORGIA.  83 

53.  Deed  from  J.  M.  Wellborn,  sr.,  dated  April  21,  1898,  and  re- 
corded in  book  13,  page  83,  of  same  records. 

54.  Deed  from  Joseph  Deck,  dated  March  21,  1899,  and  recorded 
in  book  13,  page  50,  of  same  records. 

55.  Deed  from  Martha  Rogers,  dated  March  25,  1899,  and -re- 
corded in  book  13,  page  52,  of  same  records. 

56.  Deed  from  Andrew  E.  Eogers,  jr.,  dated  November  17,  1900, 
and  recorded  in  book  14,  page  389,  of  same  records. 

57.  Deed  from  Daniel  Bolton,  guardian,  etc.,  dated  November  22, 
1900,  and  recorded  in  book  14,  page  390,  of  same  records. 

58.  Deed  from  Alfred  Jones,  dated  January  7,  1901,  and  recorded 
in  book  14,  page  388,  of  same  records. 

MULLIS   AND   MCFARLAND  GAP  KOAD. 

This  road  begins  at  the  Mullis  Road  near  the  Mullis  House,  and 
extends  to  a  junction  with  the  Rossville-McFarland  Road  in  Mc- 
Farland's  Gap. 

1.  Deed  from  John  Vails,  dated  June  18,  1903,  and  recorded  in 
book  16,  page  369,  of  the  records  of  Walker  County. 

2.  Deed  from  Archer  Dailey,  dated  June  19,  1903,  and  recorded 
in  book  16,  page  372,  of  same  records. 

3.  Deed  from  James  R.  McFarland  et  al.,  dated  June  24,  1903, 
and  recorded  in  book  16,  page  382,  of  same  records. 

4.  Deed  from  James  R.  McFarland,  dated  June  24,  1903,  and 
recorded  in  book  16,  page  376,  of  same  records. 

5.  Deed  from  W.  C.  Ward,  dated  June  25,  1903,  and  recorded 
in  book  16,  page  372,  of  same  records. 

6.  Deed  from  W.  M.  Smith,  dated  June  25,  1903,  and  recorded  in 
book  16,  page  374,  of  same  records. 

7.  Deed  from  Caroline  Goodlet,  dated  July  8,  1903,  and  recorded 
in  book  16,  page  381,  of  same  records. 

8.  Deed  from  Mrs.  Alice  A.  Cooper  and  Mrs.  Mary  Murdock, 
dated  July  10,  1903,  and  recorded  in  book  16,  page  379,  of  same 
records. 

9.  Deed  from  Rose  Schneitman,  dated  July  13,  1903,  and  recorded 
in  book  16,  page  375,  of  same  records. 

10.  Deed  from  Harry  R.  McClelland  and  wife,  dated  October  7, 
1903,  and  recorded  in  book  16,  page  466,  of  same  records. 

JAYS  MILL  KOAD,  AT  ITS  JUNCTION  WITH  RINGGOLD  KOAD,  EASTERN  PARK  BOUNDARY. 

1.  Deed  from  Jacob  R.  Peters,  dated  January  31,  1901,  and  re- 
corded in  book  J,  pages  600  to  602,  of  the  records  of  Catoosa  County. 

ALEXANDERS    BRIDGE    SITE. 

For  abutment  and  approach. 

1.  Deed  from  James  C.  Gordon,  dated  June  12,  1897,  and  recorded 
in  book  J,  pages  154  and  155,  of  the  records  of  Catoosa  County. 

CHICKAMAUGA-VITTETOE  ROAD. 

This  road  extends  from  southern  boundary  of  the  park  to  and 
through  Crittendon  Avenue  to  Tenth  Street,  and  along  Tenth 
Street  to  railroad  crossing. 


84  UNITED   STATES   MILITABY   RESERVATIONS,  ETC. 

1.  Deed  from  the  Chickamauga  Coal  &  Iron  Co.  and  the  estate 
of  J.  M.  Lee,  dated  November  21,  1893,  and  recorded  in  book  13, 
pages  514  and  516,  of  the  records  of  Walker  County. 

LA   FAYETTE   ROAD. 

Deeds  for  land  for  the  purpose  of  widening  road,  built  on  land 
received  from  the  State  by  cession  of  its  rights,  between  the  original 
park  boundary  at  Dixon's  and  the  Tennessee  State  line  at  Rossville. 

1.  Deed  from  Evan  Williams  and  wife,  dated  March  19,  1901,  and 
recorded  in  book  J,  page  621,  of  the  records  of  Catoosa  County. 

2.  Deed  from  Mrs.  Martha  Harrison  and  Carije  Harrison,  dated 
March  19,  1901,  and  recorded  in  book  J,  page  623,  of  same  records. 

3.  Deed  from  Fielding  Foster  and  wife,  dated  March  19, 1901,  and 
recorded  in  book  J,  page  620,  of  same  records. 

4.  Deed  from  J.  M.  Hinnard,  dated  March  19,  1901,  and  recorded 
in  book  J,  page  622,  of  same  records. 

5.  Deed  from  T.  F.  McFarland,  dated  March  20, 1901,  and  recorded 
in  book  14,  page  494,  of  the  records  of  Walker  County. 

6.  Deed  from  W.  H.  Jones,  dated  March  22,  1901,  and  recorded  in 
book  J,  page  632,  of  the  records  of  Catoosa  County. 

7.  Deed  from  J.  R.  Jones,  administrator,  etc.,  dated  March  22, 1901, 
and  recorded  in  book  J,  page  624,  of  same  records. 

8.  Deed  from  J.  M.  McFarland,  dated  March  25, 1901,  and  recorded 
in  book  14,  page  508,  of  the  records  of  Walker  County. 

9.  Deed  from  D.  D.  Shields  and  wife,  dated  August  22,  1902,  and 
recorded  in  book  15,  page  515,  of  same  records. 

10.  Deed  from  John  M.  McFarland,  dated  February  28,  1903,  and 
recorded  in  book  16,  page  116,  of  same  records. 

11.  Deed  from  James  Morrison  and  Mrs.  A.  E.  Morrison,  dated 
March  27, 1903,  and  recorded  in  book  16,  page  118,  of  same  records. 

12.  Deed  from  James  Morrison  and  wife,  dated  March  27, 1903,  and 
recorded  in  book  16,  page  121,  of  same  records. 

13.  Deed  from  C.  E.  Stevens,  dated  February  14,  1905,  and  re- 
corded in  book  No.  17  of  deeds,  on  page  392  of  same  records. 

14.  Deed  from  O.  N.  Chambers  and  wife,  dated  November  5,  1913, 
and  recorded  in  book  No.  30  of  deeds,  page  106,  of  same  records. 

15.  Deed  from  Ida  Landress,  W.  G.  Hunter,  and  G.  E.  Hunter, 
dated  November  14,  1913,  and  recorded  in  book  No.  30  of  deeds,  page 
101,  of  same  records. 

16.  Deed  from  R.  A.  Knowles  and  wife,  dated  January  20,  1914, 
and  recorded  in  book  No.  30  of  deeds,  page  108,  of  same  records. 

17.  Deed  from  C.  A.  Chambers  et  al.,  dated  November  16,  1914,  and 
recorded  in  book  No.  30  of  deeds,  page  103,  of  same  records. 

ORCHARD   KNOB    STREET. 

1.  Deed  from  the  McCallie  Ave.  Land  and  Improvement  Com- 
pany, dated  June  1,  1895,  and  recorded  in  book  Z,  volume  6,  page  503 
et  seq.,  of  the  records  of  Hamilton  County. 

2.  Deed  from  W.  J.  Clift  et  al.,  dated  August  23, 1895,  and  recorded 
in  book  Z,  volume  6,  page  505  et  seq.,  of  same  records. 

3.  Resolution  of  Hamilton  County  court,  October  10,  1895,  con- 
veying title  of  Orchard  Knob  Avenue  to  the  United  States. 


GEORGIA.  85 

CHEST  ROAD. 

This  road  extends  along  Missionary  Kidge  and  is  one  of  the  ap- 
proaches to  the  park. 

1.  Deed  from  D.  P.  Montague,  dated  April  9, 1893,  and  recorded  in 
book  X,  volume  7,  page  31  et  seq.,  of  the  records  of  Hamilton  County. 

2.  Deed  from  John  H.  Hogan  et  al.,  dated  September  29, 1893,  and 
recorded  in  book  X,  volume  7,  page  10  et  seq.,  of  same  records. 

3.  Deed  from  Samuel  T.  Dervees  et  al.,  dated  September  30,  1893, 
and  recorded  in  book  X,  volume  7,  page  5  et  seq.,  of  same  records. 

4.  Deed  from  John  H.  Hogan  et  al.,  dated  September  30, 1893,  and 
recorded  in  book  X,  volume  7,  page  7  et  seq.,  of  same  records. 

5.  Deed  from  George  W.  Ochs  et  al.,  dated  September  30, 1893,  and 
recorded  in  book  X,  volume  7,  page  9  et  seq.,  of  same  records. 

6.  Deed  from  Charles  V.  Payne  et  al.,  dated  October  9,  1893,  and 
recorded  in  book  X,  volume  7,  page  11  et  seq.,  of  same  records. 

7.  Deed  from  R.  P.  Johnson  et  al.,  dated  October  10,  1893,  and  re- 
corded in  book  X,  volume  7,  page  17  et  seq.,  of  same  records. 

8.  Deed  from  Ella  C.  French  et  al.,  dated  October  31,  1893,  and 
recorded  in  book  X,  volume  7,  page  15  ct  seq.,  of  same  records. 

9.  Deed  from  S.  J.  Brundage,  dated  November  29,  1893,  and  re- 
corded in  book  V,  volume  7,  page  405  et  seq.,  of  same  records. 

10.  Deed  from  J.  E.  MacGowan  et  al.,  dated  December  11,  1893, 
and  recorded  in  book  X,  volume  7,  page  19  et  seq.,  of  same  records. 

11.  Deed  from  J.  R.  Bennett,  dated  December  19,  1893,  and  re- 
corded in  book  X,  volume  7,  page  22  et  seq.,  of  same  records. 

12.  Deed  from  J.  R.  Bennett,  dated  December  19,  1893,  and  re- 
corded in  book  X,  volume  7,  page  23  et  seq.,  of  same  records. 

13.  Deed  from  F.  J.  Bennett,  dated  December  29,  1893,  and  re- 
corded in  book  M,  volume  6,  page  393  et  seq.,  of  same  records. 

14.  Deed  from  Ella  C.  French  et  al.,  dated  January  13,  1894,  and 
recorded  in  book  X,  volume  7,  page  13  et  seq.,  of  same  records. 

15.  Deed  from  F.  T.  Hardwick  et  al.,  dated  February  6,  1894,  and 
recorded  in  book  X,  volume  7,  page  32  et  seq.,  of  same  records. 

16.  Deed  of  J.  W.  Crouch  et  al.,  dated  February  8,  1894,  and 
recorded  in  book  X,  volume  7,  page  26  et  seq.,  of  same  records. 

17.  Deed  of  Ismar  Noa  et  al.,  dated  February  26,  1894,  and  re- 
corded in  book  X,  volume  7,  page  38  et  seq.,  of  same  records. 

18.  Deed  from  G.  W.  Martin  et  al.,  dated  February  26,  1894,  and 
recorded  in  book  X,  volume  7,  page  42  et  seq.,  of  same  records. 

19.  Deed  from  Geo.  Rivington  et  al.,  dated  February  26,  1894,  and 
recorded  in  book  X,  volume  7,  page  44  et  seq.,  of  same  records. 

20.  Deed  from  Cyrena  Newman  et  al.,  dated  February  26, 1894,  and 
recorded  in  book  X,  volume  7,  page  47  et  seq.,  of  same  records. 

21.  Deed  from  D.  Y.  Grieb,  dated  April  4,  1894,  and  recorded  in 
book  X,  volume  7,  page  30  et  seq.,  of  same  records. 

22.  Deed  from  W.  M.  Brown,  et  al.,  dated  April  20,  1894,  and  re- 
corded in  book  X,  volume  7,  page  40  et  seq.,  of  same  records. 

23.  Deed  from  J.  T.  Hill  et  al.,  dated  April  21,  1894,  and  recorded 
in  book  X,  volume  7,  page  36  et  seq.,  of  same  records. 

24.  Deed  from  Katie  A.  Rice  et  al.,  dated  August  19,  1895,  and  re- 
corded in  book  14,  page  496,  of  the  records  of  Walker  County. 


86  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

25.  Deed  from  the  Bragg  Hill  Land  Co.,  dated  September  13, 1809, 
and  recorded  in  book  V,  volume  6,  page  133  et  seq.,  of  the  records  of 
Hamilton  County. 

26.  Deed  from  Joseph  H.  Rathburn,  dated  June  13,  1902,  and  re- 
corded in  book  H,  volume  7,  page  180  et  seq.,  of  same  records. 

27.  Deed  from  Mrs.  A.  E.  Morrison  and  husband,  dated  March  27, 
1903,  and  recorded  in  book  16,  page  119,  of  the  records  of  Catoosa 
County. 

GAP   AND   CREST   ROAD    ("  CUT-OFF  "). 

1.  Deed  from  Ida  M.  White,  dated  September  6, 1893,  and  recorded 
in  book  17,  page  43,  of  the  records  of  Walker  County. 

2.  Deed  from  Henrietta  E.  Wormer,  dated  September  6,  1893,  and 
recorded  in  book  17,  page  46,  of  same  records. 

3.  Deed  from  Thomas  McKee,  dated  September  8,  1893,  and  re- 
corded in  book  17,  page  50,  of  same  records. 

4.  Deed  from  the  heirs  of  Samuel  and  Martha  J.  Gregg,  dated 
September  11, 1893,  and  recorded  in  book  17,  page  48,  of  same  records. 

STEVENS  GAP,  BY  WAY  OF  DAVIS   CROSSROADS,  TO  CRAWFISH    SPRINGS. 

Deeds  recorded  in  records  of  Walker  County,  as  follows : 

1.  Chickamauga  Land  Co.,  September  19,  1907;  book  20,  page  108. 

2.  Robert  P.  and  James  S.  Burgess,  September  20,  1907;  book  20, 
page  110. 

3.  J.  S.  Shropshire  et  al.,  September  20,  1907;  book  20,  page  112. 

4.  George  W.  Haslerig  et  al.,  September  20, 1907 ;  book  20.  page  114. 

5.  George  B.  Clements  et  al.,  September  20, 1907 ;  book  20,'  page  116. 

6.  Julius  L.  Slements  et  al.,  September  20,  1907;  book  20,  page  118. 

7.  Charles  C.  Clements,  September  20,  1907 ;  book  20,  page  120. 

8.  Henry  A.  Blalock  et  al.,  September  20,  1907;  book  20,  page  102. 

9.  R.  H.  Owings,  September  19, 1907 ;  book  20,  page  124. 

10.  Charles  H.  Glenn  et  al.,  September  20, 1907;  book  20,  page  128. 

11.  David  T.  Harris,  September  20, 1907;  book  20,  page  126. 

12.  John  R.  Ransom,  -  — ,  1907 ;  book  20,  page  130. 

13.  William  Carroll  et  al.,  trustees  Bethel  Baptist  Church  Associa- 
tion, September  20,  1907 ;  book  20,  page  132. 

14.  J.  L.  Brotherton,  September  20, 1907 ;  book  20,  page  134. 

15.  John  F.  Bonds  et  al.,  trustees  Cove  Methodist  Episcopal  Church 
South,  September  20,  1907;  book  20,  p.  136. 

16.  Nelson  D.  Smith,  November  11,  1907 ;  book  20,  page  99. 

17.  E.  M.  Goodson  et  al.,  September  20, 1907;  book  20,  page  102. 

18.  Thomas  Bonds,  September  20,  1907 ;  book  20,  page  104. 

19.  Lee  H.  Dyer  et  al.,  September  20, 1907;  book  20,  page  106. 

20.  J.  W.  Lovinggood,  September  20, 1907;  book  20,  page  71. 

21.  Aries  Smith,  September  20,  1907;  book  20,  page  73. 

22.  John  D.  Pitman  et  al.,  September  20, 1907 ;  book  20,  page  69. 

23.  W.  H.  Martin  et  al.,  September  20,  1907 ;  book  20,  page  75. 

24.  Elizabeth  Cumpton,  September  20, 1907 ;  book  20,  page  77. 

25.  Miles  C.  Bonds  et  al.,  September  20, 1907;  book  20,  page  79. 

26.  Franklin  Harris,  trustee,  September  23, 1907 ;  book  20,  page  81. 

27.  Franklin  M.  Shaw,  September  30, 1907;  book  20,  page  83. 


GEOEGIA.  87 

28.  James  W.  Lee  et  al.,  November  14,  1907;  book  20,  page  85. 

29.  W.  P.  Lee,  October  9,  1907 ;  book  20,  page  87. 

30.  Charles  E.  Buck,  September  28,  1907;  book  20,  page  90. 

31.  W.  G.  Catlett  et  al.,  October  4,  1907;  book  20,  page  93. 

32.  J.  W.  Kirkes  et  ux.,  October  12, 1907 ;  book  20,  page  95. 

33.  Kobert  P.  Phillips,  October  9,  1907;  book  20,  page  97. 

34.  W.  A.  Coulter  et  al.,  November  25, 1907 ;  book  20,  page  524. 

35.  J.  F.  Shaw,  December  16, 1907;  book  23,  page  143. 

36.  Condemnation  of  right  of  way  on  land  of  Pallie  Cook.     Pro- 
ceedings filed  June  16,  1908 ;  recorded  in  book  23,  page  143. 

37.  Condemnation  by  board  of  roads  and  revenues   of   Walker 
County  of  land  of  estate  of  J.  D.  Stephens,  deceased,  for  MacLemore 
Cove  Road,  September  7,  1909,  recorded  in  book  22,  page  108;  and 
deed  from  N.  E.  Stephens  et  al.,  heirs  of  J.  D.  Stephens,  conveying 
same  premises,  recorded  in  book  22,  page  92. 


HOOKEK   EOAD. 


Deeds  recorded  in  records  of  Hamilton  County,  as  follows : 

1.  Charles  E.  James  et  ux.,  April  7,  1909;  book  W,  volume  9, 
page  25. 

2.  N.  H.  Grady  et  ux.,  April  9,  1909;  book  W,  volume  9,  page  20. 

3.  Chattanooga  Development  Co.,  April  19,  1909;  book  W,  volume 
9,  page  40. 

4.  Mollie  K.  Rollins  and  husband,  April  19,  1909 ;  book  W,  volume 
9,  page  18. 

5.  Dwight  P.  Montague  et  ux.,  April  26,  1909 ;  book  W,  volume  9, 
page  32. 

6.  New  Era  Land  Co.,  April  30,  1909;  book  W,  volume  9,  page  27. 

7.  Joseph  H.  Hamill  et  ux.,  May  3,  1909 ;  book  W,  volume  9,  page  29. 

8.  Mrs.  Mary  Wade,  May  3,  1909 ;  book  W,  volume  9,  page  23. 
Deeds  recorded  in  records  of  Walker  County,  as  follows : 

9.  Mrs.  A.  E.  Morrison  and  husband,  April  2,   1909:   book  21, 
page  592. 

10.  City  of  Rossville,  Ga.,  May  21,  1909;  book  21,  page  617. 
Lease. — September   11,   1915,   to   S.   W.   Divine   and   Charles   A. 

Lyerly  for  10  years  from  September  15,  1915,  of  460  acres  in  the 
northwest  corner  of  the  park  in  Walker  County,  Ga.,  for  grazing 
purposes. 

Revocable  licenses. — April  7,  1903,  to  the  Central  of  Georgia 
Railway  Co.  to  connect  its  tracks  at  the  boundary  of  the  reservation 
with,  and  to  operate  its  cars  over,  the  Government  tracks  within  the 
reservation. 

April  7,  1903,  to  the  Rapid  Transit  Co.,  of  Chattanooga,  to  con- 
nect its  tracks  at  the  boundary  of  the  reservation  with,  and  to  operate 
its  cars  over,  the  Government  tracks  within  the  reservation. 

November  15,  1904,  to  the  Rapid  Transit  Co.,  of  Chattanooga, 
to  place  poles  and  wires  over  Government  spur  track  and  for  waiting 
room  partly  on  the  reservation. 

July  11,'  1906,  to  the  East  Tennessee  Telephone  Co.  to  operate 
and  maintain  its  existing  telephone  lines  and  to  construct,  operate, 
and  maintain  an  extension  of  the  same. 


88  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

January  19,  1909,  to  the  Chattanooga  Electric  Co.  to  install,  op- 
erate, and  maintain  its  electric  lines  on,  over  or  under  the  Crest  and 
Lafayette  Roads. 

November  30,  1909,  July  16,  1912,  February  25,  1913,  April  26 
and  August  24, 1915,  to  the  City  Water  Co.  to  lay  and  maintain  water 
mains. 

September  3,  1910,  to  the  Central  of  Georgia  Railway  Co.  to  oper- 
ate and  maintain  its  side  tracks  at  Lytle  Station,  a  temporary  occu- 
pation by  said  railway  company  having  been  authorized  by  a  license 
dated  April  23,  1910. 

August  17,  1911,  and  October  19,  1914,  to  the  Chattanooga  Gas 
Co.  to  lay  and  maintain  gas  mains. 

February  26,  1915,  to  the  Cumberland  Telephone  and  Telegraph 
Co.  to  operate  and  maintain  existing  telephone  lines  and  to  construct 
extension  of  the  same. 

Jurisdiction. — Ceded  over  that  part  of  the  park  and  the  roads 
situated  in  the  State  of  Georgia  by  acts  of  the  State  legislature  ap- 
proved November  19,  1890,  December  9,  1893,  and  December  3,  1895. 
These  acts  provide  as  follows : 

SECTION  I.  Be  it  enacted,  etc.,  That  the  jurisdiction  of  this  State  is  hereby 
ceded  to  the  United  States  of  America  over  all  such  lands  and  roads  as  are 
described  and  referred  to  in  the  foregoing  preamble  to  this  act,  which  lie  within 
the  territorial  limits  of  this  State,  for  the  purposes  of  a  National  Park,  or  so 
much  thereof  as  the  National  Congress  may  deem  best:  Provided,  That  this 
cession  is  upon  the  express  condition  that  the  State  of  Georgia  shall  so  far 
retain  a  concurrent  jurisdiction  with  the  United  States  over  said  lands  and 
roads  as  that  all  civil  and  criminal  process  issued  under  the  authority  of  this 
State  may  be  executed  thereon  in  like  manner  as  if  this  act  had  not  been  passed ; 
and  upon  the  further  express  conditions  that  the  State  shall  retain  its  civil 
and  criminal  jurisdiction  over  persons  and  citizens  in  said  ceded  territory  as 
over  other  persons  and  citizens  in  this  State,  and  the  property  of  said  citizens 
and  residents  thereon,  except  lands  and  such  other  property  as  the  General 
Government  may  desire  for  its  use;  and  that  the  property  belonging  to  persons 
residing  within  said  ceded  territory  shall  be  liable  to  State  and  county  taxes, 
the  same  as  if  they  resided  elsewhere,  and  that  citizens  of  this  State  in  said 
ceded  territory  shall  retain  all  rights  of  State  suffrage  and  citizenship :  Pro- 
vided, further,  That  nothing  herein  contained  shall  interfere  with  the  juris- 
diction of  the  United  States  over  any  matter  or  subjects  set  out  in  the  act  of 
Congress  establishing  said  National  Park,  approved  August  nineteenth,  eighteen 
hundred  and  ninety,  or  with  any  laws,  rules,  or  regulations  that  Congress  may 
hereafter  adopt  for  the  preservation  and  protection  of  its  property  and  rights  in 
said  ceded  territory  and  the  proper  maintenance  of  good  order  therein:  Pro- 
vided, further,  That  this  cession  shall  not  take  effect  until  the  United  States 
shall  have  acquired  title  to  said  lands.  (Act  of  Nov.  19,  1890.  Laws  of  Geor- 
gia, 1890,  p.  3.) 

SECTION  1.  Be  it  enacted,  etc.,  That  from  and  immediately  after  the  passage 
of  this  act  the  jurisdiction  of  the  State  of  Georgia  is  ceded  to  the  United  States 
of  America  over  a  strip  of  fifty  feet  in  width  beginning  at  or  within  the  cor- 
porate limits  of  the  town  of  Chickamauga  and  running  northwardly  and  east 
of  the  railway  known  as  Chattanooga,  Rome  and  Columbus  Railroad,  on  such 
route  as  now  or  may  hereafter  be  located  and  adopted  by  the  said  United  States 
of  America,  to  the  Chickamauga  and  Chattanooga  National  Park  boundary; 
also  over  another  strip  of  land  fifty  feet  wide,  beginning  on  the  Lafayette  and 
Rossville  public  road  at  east  end  of  the  Rossville  Gap,  in  Missionary  Ridge, 
and  running  to  a  point  on  the  Missionary  Ridge  Crest  road  near  the  crossing 
of  that  road  by  the  boundary  line  between  Georgia  and  Tennessee,  on  such 
route  as  now  or  may  hereafter  be  located  and  adopted  by  the  said  United 
States  of  America,  for  the  purpose  of  constructing  and  maintaining  public  roads 
thereon:  Provided,  That  concurrent  jurisdiction  is  retained  by  the  State  of 
Georgia  on  said  ceded  lands  for  the  purpose  of  the  administration  of  the  crim- 


GEORGIA.  89 

inal  and  civil  laws  of  the  State  of  Georgia  and  for  the  purpose  of  the  execution 
of  civil  and  criminal  process  of  its  courts :  Provided,  further,  That  this  cession 
shall  not  take  effect  until  the  United  States  shall  have  acquired  right  of  way 
for  said  purposes.  (Act  of  Dec.  9,  1893.  Georgia  Laws,  1893,  p.  110.) 

SECTION  I.  Be  it  therefore  hereby  enacted,  etc.,  That  on  and  after  the  passage 
of  this  act  the  jurisdiction  of  this  State  is  hereby  ceded  to  the  United  States 
of  America  over  all  such  tracts  of  land  as  are  described  in  the  foregoing  pre- 
amble (and  any  other  tract  or  tracts  which  may  be  acquired  by  the  United 
States  of  America  in  the  said  counties  of  Walker  and  Catoosa,  in  said  State 
of  Georgia,  for  park  purposes)  whenever  title  thereto  shall  have  been  acquired 
by  the  United  States. 

SEC.  II.  Be  it  further  hereby  enacted,  etc.,  That  the  jurisdiction  of  this  State 
is  hereby  ceded  to  the  United  States  of  America  over  the  following-described 
public  roads,  approaches  to  said  National  Park,  to  wit :  The  road  leading  from 
Chickamauga,  Georgia,  by  way  of  Pond  Spring  Post-office  and  Gower's  Ford 
to  the  Davis  Cross  Roads;  also  the  road  leading  from  Lee  and  Gordon's  Mill, 
by  way  of  Rock  Springs  Post-office,  to  the  court-house  in  the  town  of  Lafayette, 
Georgia ;  also  the  road  from  Glass'  Mill  to  the  Lafayette  and  Lee  and  Gordon's 
Mill  road,  intersecting  the  said  Lafayette  road  near  the  present  home  place  of 
J.  J.  Jones — all  of  said  roads  as  now  located :  Provided,  That  this  cession  con- 
tained in  this  and  the  preceding  section  is  upon  the  expressed  condition  that  the 
State  of  Georgia  shall  so  far  retain  a  concurrent  jurisdiction  with  the  United 
States  over  said  lands  and  roads  as  that  all  civil  and  criminal  process,  issued 
under  the  authority  of  this  State  may  be  executed  thereon  in  like  manner  as  if 
this  act  had  not  been  passed,  and  upon  the  further  expressed  condition  that  the 
State  shall  retain  a  civil  and  criminal  jurisdiction  over  persons  and  citizens  in 
said  ceded  territory  as  over  other  persons  and  citizens  of  said  State,  and  the 
property  of  said  citizens  and  residents  thereon,  except  lands  and  such  other 
property  as  the  General  Government  may  desire  for  its  use,  and  that  the 
property  belonging  to  persons  residing  in  said  ceded  territory  shall  be  liable 
to  State  and  county  taxes  the  same  as  if  they  resided  elsewhere  in  said  State, 
and  that  citizens  of  said  State  in  said  ceded  territory  shall  retain  all  rights 
of  State  suffrage  and  citizenship:  Provided  further,  That  nothing  herein  con- 
tained shall  interfere  with  the  jurisdiction  of  the  United  States  over  any 
matter  or  subjects  set  out  in  the  acts  of  Congress  establishing  said  National 
Park,  approved  August  nineteenth,  eighteen  hundred  and  ninety,  or  with  any 
law,  rules,  or  regulations  that  Congress  may  hereafter  adopt  for  the  preserva- 
tion or  protection  of  its  property  and  rights  in  said  ceded  territory  and  the 
proper  maintenance  of  good  order  therein:  Provided  further,  That  the  cession 
shall  not  take  effect  until  the  United  States  shall,  in  the  case  of  lands,  have 
acquired  titles  thereto,  and  in  the  case  of  roads,  provided  for  their  improve- 
ment, and  shall  have  filed  a  plat  or  map  of  the  property  so  acquired  in  the 
office  of  the  secretary  of  state.  (Act  of  Dec.  3,  1895.  Georgia  Laws,  1895 
p.  77.) 

Jurisdiction  over  that  portion  of  the  national  park  and  roads 
situated  in  the  State  of  Tennessee  was  ceded  by  the  following  acts  of 
the  legislature  of  said  State,  approved  January  30, 1891,  and  January 
24,  1895,  which  provides  as  follows: 

SECTION  I.  Be  it  enacted,  etc.,  That  the  jurisdiction  of  this  State  is  hereby 
ceded  to  the  United  States  of  America  over  all  such  roads  as  are  described  and 
referred  to  in  the  foregoing  preamble  to  this  act  which  lie  within  the  terri- 
torial limits  of  this  State,  for  the  purposes  of  a  National  Park,  or  so  much 
thereof  as  the  National  Congress  may  deem  best :  Provided,  That  this  cession  is 
upon  the  express  condition  that  the  State  of  Tennessee  shall  so  far  retain  a 
concurrent  jurisdiction  with  the  United  States  over  said  roads  as  that  all 
civil  and  criminal  process  issued  under  the  authority  of  this  State  may  be 
executed  thereon  in  like  manner  as  if  this  act  had  not  been  passed:  Provided 
further,  That  nothing  herein  contained  shall  interfere  with  the  jurisdiction  of 
the  United  States  over  any  matter  or  subjects  set  out  in  the  act  of  Congress 
establishing  said  National  Park,  approved  August  nineteenth,  eighteen  hundred 
and  ninety,  or  with  any  laws,  rules,  or  regulations  that  Congress  may  hereafter 
adopt  for  the  preservation  and  protection  of  its  property  and  rights  on  said 
ceded  roads  and  the  proper  maintenance  of  good  order  thereon.  (Act  of  Jan. 
80,  1891.  Acts  of  Tennessee,  1891,  p.  50.) 


90  UNITED   STATES   MILITAEY   RESERVATIONS,  ETC. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee, 
That  the  jurisdiction  of  this  State  is  hereby  ceded  to  the  United  States  of 
America  over  all  such  tracts  of  land  as  have  been  acquired  by  the  United 
States  for  the  purpose  named,  and  over  such  similar  tracts  of  land  as  may  be 
acquired  in  said  Hamilton  County  for  park  purposes,  whenever  the  title  thereto 
shall  have  been  acquired  by  the  United  States. 

Provided,  That  this  cession  is  upon  the  express  condition  that  the  State  of 
Tennessee  shall  so  far  retain  a  concurrent  jurisdiction  with  the  United  States 
over  said  lands  and  roads  as  that  all  civil  and  criminal  process  issued  under 
the  authority  of  the  State  may  be  executed  thereon  in  like  manner  as  if  this 
act  had  not  been  passed. 

Provided  further,  That  nothing  herein  contained  shall  interfere  with  the 
jurisdiction  of  the  United  States  over  any  matters  or  subjects  set  out  in  the  act 
of  Congress  establishing  said  National  Park,  approved  August  nineteenth, 
eighteen  hundred  and  ninety,  or  with  any  laws,  rules,  or  regulations  that  Con- 
gress may  hereafter  adopt  for  the  preservation  and  protection  of  its  property 
and  rights  on  said  lands  and  roads  and  the  proper  maintenance  thereof. 

Provided  further,  That  this  cession  shall  not  take  effect  until  the  United 
States  shall  have  acquired  title  to  said  lands  and  roads.  (Act  of  Jan.  24, 
1895.  Acts  of  Tennessee,  1895,  p.  5.) 

See  also  act  approved  April  15,  1899,  which  enlarges  and  extends 
the  provisions  of  above  act.  (Acts  of  Tennessee,  1899,  p.  576.) 

FORT  McPHERSON. 

This  reservation  is  situated  south  of  and  about  4  miles  from  the 
city  of  Atlanta,  in  Fulton  County.  It  contains  236.64  acres  and  is 
bounded  as  described  in  G.  O.  Ill,  W.  D.,  June  18,  1906. 

Title.— 1.  Deed  from  Lucy  S.  Beard,  dated  September  9,  1885, 
conveying  15  acres;  recorded  in  the  clerk's  office  of  the  superior  court, 
book  Z  Z,  page  212,  of  the  deed  records  of  Fulton  County. 

2.  Deed  from  Flavius  J.  Bomar,  dated  September  9,  1885,  convey- 
ing 26.17  acres;  recorded  in  the  clerk's  office  of  the  superior  court, 
book  Z  Z,  page  216,  of  same  records. 

3.  Deed  from  Mary  S.  Connally,  dated  September  9,  1885,  convey- 
ing 24.61  acres;  recorded  in  the  clerk's  office  of  the  superior  court, 
book  Z  Z,  page  215,  of  same  records. 

4.  Deed  from  Elizabeth  S.  Silvey,  dated  September  9,  1885,  con- 
veying 25.76  acres ;  recorded  in  the  clerk's  office  of  the  superior  court, 
book  Z  Z,  page  214,  of  same  records. 

5.  Deed  from  Annie  M.  Smith,  dated  September  9,  1885,  conveying 
48.55  acres;  recorded  in  the  clerk's  office  of  the  superior  court,  book 
Z  Z,  page  213,  of  same  records. 

6.  Deed  from  Lemuel  P.  Grant,  dated  August  18,  1885,  conveying 
23.70  acres ;  recorded  in  the  clerk's  office  of  the  superior  court,  book 
C  3,  page  103,  of  same  records. 

7.  Deed  from  Aquilla  J.  Cheney,  dated  August  20,  1886,  conveying 
24.94  acres  and  a  small  triangular  piece  containing  about  11,040 
square  feet;  recorded  in  the  clerk's  office  of  the  superior  court,  in 
book  C  3,  page  101,  of  same  records. 

8.  Deed  from  Ada  L.  Moore,  dated  August  23,  1886,  conveying 
23.87  acres ;  recorded  in  the  clerk's  office  of  the  superior  court,  book 
C  3,  page  102,  of  same  records. 

9.  Deed  from  Mrs.  C.  C.  Niles,  dated  August  23,  1886,  conveying 
23.55  acres;  recorded  in  the  clerk's  office  of  the  superior  court,  book 
C  3,  page  104,  of  same  records. 


GEORGIA.  91 

10.  Deed  from  Mary  S.  Connally,  dated  September  10,  1886,  con- 
veying 10,200  square  feet ;  recorded  in  the  clerk's  office  of  the  superior 
court,  book  C  3,  page  100,  of  same  records. 

Easement. — Eight  of  way  to  commissioners  of  Fulton  County  for 
road  along  eastern  boundary  granted  by  deed  of  Secretary  of  War, 
dated  March  21,  1909,  under  act  of  February  25,  1909.  (35  Stat, 
654.) 

Revocable  licenses. — May  17,  1906,  to  the  Southern  Bell  Telephone 
&  Telegraph  Co.  to  construct,  operate,  and  maintain  a  telephone 
system  upon  the  reservation. 

March  11,  1909,  to  the  Southern  Bell  Telephone  &  Telegraph  Co. 
for  private  telephone  service. 

Jurisdiction. — Ceded  to  the  United  States  by  the  act  of  the  State 
legislature,  approved  September  14,  1885,  as  amended  by  act  ap- 
proved November  19,  1886.  The  act  as  amended  provides  as  follows : 

Whereas  a  bill  has  passed  the  House  of  Representatives  in  the  Congress  of 
the  United  States  providing  for  the  establishment  of  a  military  post  near  the 
city  of  Atlanta,  in  the  county  of  Fulton,  in  said  State,  which  may  become  a  law 
before  the  next  meeting  of  the  General  Assembly  of  this  State;  and  whereas, 
it  is  needful  that  this  State  shall  cede  to  the  Government  of  the  United  States 
jurisdiction  over  such  lands  as  may  be  acquired  for  the  purpose  mentioned : 
therefore, 

SECTION  1.  Be  it  enacted,  etc.,  That  the  jurisdiction  of  this  State  is  hereby 
ceded  to  the  Government  of  the  United  States  over  any  lands,  not  exceeding 
two  hundred  and  fifty  acres,  to  which  it  may  acquire  title  near  the  city  of 
Atlanta,  in  said  county  of  Fulton  or  county  of  De  Kalb,  for  the  purpose  men- 
tioned in  the  preamble  of  this  Act,  so  long  as  said  land  may  be  used  for  said 
purpose :  Provided,  always,  That  the  said  transfer  of  jurisdiction  is  to  be  made 
and  granted  as  aforesaid  upon  the  express  condition  that  this  State  shall  re- 
tain a  concurrent  jurisdiction  with  the  United  States  in  and  over  the  land  or 
lands  so  as  to  be  transferred,  and  every  portion  thereof  so  far  that  all  process, 
civil  or  criminal,  issuing  under  authority  of  this  State  or  any  of  the  courts  or 
judicial  officers  thereof  upon  any  person  or  persons  amenable  to  the  same, 
within  the  limits  and  extent  of  the  land  or  lands  so  ceded  in  like  manner  and 
to  like  effect,  as  if  this  Act  had  never  been  passed,  saving,  however,  to  the 
United  States  security  to  their  property  within  the  limits  of  said  lands. 
(Georgia  Laws,  1885,  p.  120,  and  1886,  p.  37.) 

FORT    McPHERSON    RIFLE    RANGE. 

This  reservation  is  situated  in  Carroll  and  Haralson  Counties, 
near  Bremen,  and  contains  about  1,271  acres. 

Title. — Deed  from  J.  P.  Boatright  and  E.  H.  Parker,  dated 
January  13,  1896,  conveying  1,271  acres  and  reserving  a  burial  lot  in 
the  northeast  corner  of  tract  containing  6,400  square  feet.  Recorded 
in  the  clerk's  office  of  the  superior  court,  book  Z,  page  82,  of  the  deed 
records  of  Carroll  County. 

MARIETTA    NATIONAL    CEMETERY. 

This  reservation  is  situated  near  the  city  of  Marietta,  in  Cobb 
County,  and  contains  a  total  area  of  about  24  acres. 

Title.— 1.  Deed  from  Henry  G.  Cole  and  wife,  dated  July  31,  1866, 
conveying  20.01  acres;  recorded  in  clerk's  office  of  superior  court  in 
deed  book  A,  pages  574  and  575,  of  the  deed  records  of  Cobb  County. 

2.  Deed  from  Henry  G.  Cole  and  wife,  dated  September  23,  1867, 


92  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

conveying  four  and  eleven-twentieths  acres  additional  lands ;  recorded 
in  clerk's  office  of  superior  court  in  deed  book  A,  pages  389  and  390, 
of  same  records. 

3.  Deed  of  relinquishment  from  Sarah  M.  Black,  dated  January  25, 
1870,  relinquishing  interest  in  above  four  and  eleven-twentieths  acres ; 
recorded  in  clerk  s  office  of  superior  court  deed  book  B,  pages  542 
to  544,  of  same  records. 

By  authority  of  sundry  civil  acts  approved  March  3,  1885  (23 
Stat,  507);  and  October  2,  1888  (25  Stat,  538),  a  macadam  road 
1,130  feet  in  length  was  constructed  within  the  corporate  limits  of 
the  city  of  Marietta  leading  from  the  public  square  in  said  city  to  the 
national  cemetery,  the  city  having,  by  ordnance,  granted  a  right  of 
way  for  its  construction. 

Jurisdiction. — See  "Andersonville  National  Cemetery." 

MILITIA  TARGET  RANGES. 

Near  Savannah. — This  range  is  located  on  the  Ogeechee  River, 
in  Chatham  County,  and  comprises  an  area  of  about  112  acres. 

Title. — Deed  from  Raiford  Falligant  and  Robert  J.  Travis,  as 
executors  and  trustees,  etc.,  Rosa  O.  Falligant  and  Louis  A.  Falli- 
gant, dated  July  6, 1909,  conveying  112  acres,  part  of  the  "  Rose  Dew 
Plantation."  Recorded  in  Deed  Book  10  C,  folio  337,  of  the  Deed 
Records  of  Chatham  County. 

Near  Holton. — This  range  is  located  on  the  Ocmulgee  River,  in 
Jones  and  Bibb  Counties.  It  comprises  an  area  of  about  177£  acres, 
175  acres  being  located  in  Jones  County  on  the  east  side  of  the  river 
opposite  Holton,  and  2|  acres  being  located  in  Bibb  County  across  the 
river  therefrom 

Title. — 1.  Deed  from  Mary  H.  English,  as  executrix,  dated  Octo- 
ber, 1909,  conveying  the  175  acres  on  the  east  side  of  the  river.  Re- 
corded in  Deed  Book  AA,  folios  580-583,  of  the  Deed  Records  of 
Jones  County. 

2.  Deed  from  Ella  Henrietta  Park,  dated  August  30,  1913,  convey- 
ing 1  acre  on  the  west  side  of  the  river  opposite  the  above  tract  of 
175  acres,  and  an  easement  of  ingress  and  egress  to  and  from  said 
land.    Recorded  in  Book  168,  folio  393,  of  the  Deed  Records  of  Bibb 
County. 

3.  Deed  from  Ella  H.  Park,  dated  September  30,  1914,  conveying 
13  acres  adjacent  on  the  north  to  above  tract  conveyed  by  deed  dated 
August  30, 1913.    Recorded  in  book  169,  folio  514,  of  same  records. 

Near  Atlanta. — This  range  is  located  in  Fulton  County,  adjacent 
to  the  military  reservation  of  Fort  McPherson,  and  contains  an  area 
of  about  134.2  acres. 

Title. — 1.  Deed  from  Harman  K.  Kicklighter,  dated  August  6, 
1910,  conveying  72.7  acres,  part  of  land  lot  153,  adjoining  the  Fort 
McPherson  Military  Reservation  on  the  west.  Recorded  in  book  288, 
folio  207,  of  the  Deed  Records  of  Fulton  County. 

2.  Deed  from  same,  dated  December  30,  1910,  conveying  part  of 
land  lot  154,  containing  an  area  of  61.5  acres,  adjoining  the  above. 
Recorded  in  Book  29  of  Deeds,  folio  393,  of  same  records. 

Near  Augusta. — This  range  is  located  in  Richmond  County  and 
contains  an  area  of  112.15  acres. 


GEORGIA.  93 

Title. — 1.  Deed  from  Joseph  Watkins,  dated  October  31, 1911 ,  con- 
veying 0.3  acre.  Recorded  in  Deed  Book  7-M,  page  294  et  seq.,  of  the 
Deed  Records  of  Richmond  County. 

2.  Deed  from  Minnie  Walton,  dated  November  8,  1911,  conveying 
40  acres.    Recorded  in  Deed  Book  7-M,  page  292,  et  seq.,  of  same 
records. 

3.  Deed  from  Mrs.  Anna  R.  Campbell  and  George  H.  Stroup, 
dated  November  8,  1911,  conveying  71.85  acres.    Recorded  in  Deed 
Book  7-M,  page  289  et  seq.,  of  same  records. 

FORT   OGLETHORPE. 

This  reservation  is  situated  in  Catoosa  and  Walker  Counties, 
within  the  limits  of  the  Chickamauga  and  Chattanooga  National 
Park  and  contains  approximately  813.42  acres.  The  lands  compris- 
ing it  were  acquired  for  the  enlargement  of  the  park,  with  a  view  to 
their  use  as  a  military  reservation.  See  G.  O.  196,  W.  D.,  November 
28,  1906,  announcing  metes  and  bounds  of  the  reservation. 

By  G.  0. 10,  W.  D.,  January  24, 1905,  the  reservation  on  the  Savan- 
nah River  near  Savannah,  Ga.,  formerly  known  as  Fort  Oglethorpe, 
being  no  longer  of  use  for  purposes  of  defense,  was  placed  under  the 
supervision  of  the  Engineer  Department,  and  its  official  designation 
as  Fort  Oglethorpe  was  discontinued.  The  name  "  Fort  Oglethorpe  " 
was  given  to  the  new  post  at  Cloud  Springs,  Chickamauga  Park,  Ga., 
by  G.  0. 194,  W.  D.,  December  27,  1904. 

Title. — See  Fort  Oglethorpe,  under  Chickamauga  and  Chattanooga 
National  Park,  pages  70  and  71,  ante. 

Revocable  licenses. — July  11,  1906,  to  the  East  Tennessee  Tele- 
phone Co.  See  Chickamauga  and  Chattanooga  National  Park,  page 
88,  ante. 

May  19, 1913,  to  the  Chattanooga  Railway  &  Light  Co.  to  construct, 
operate,  and  maintain  an  electric  railroad  through  the  reservation. 

May  19,  1915,  to  the  Central  of  Georgia  Railway  Co.  to  use  and 
operate  the  spur  track  belonging  to  the  United  States,  0.85  of  a  mile 
in  length,  on  the  reservation. 

Jurisdiction. — See  acts  of  the  State  legislature  of  November  19, 
1890,  and  December  3, 1895,  pages  88  and  89,  ante ;  also  act  of  August 
17,  1912,  which  provides  as  follows: 

SECTION  1.  Be  it  enacted  by  the  General  Assembly  of  Georgia,  and  it  is  hereby 
enacted  by  the  authority  of  the  same,  That  the  jurisdiction  of  this  State  be, 
and  the  same  is  hereby,  ceded  to  the  United  States,  over  the  military  reserva- 
tion of  Fort  Oglethorpe,  in  Catoosa  and  Walker  Counties,  containing  about 
eight  hundred  and  ten  acres;  the  same  having  been  acquired  by  the  United 
States  for  the  enlargement  of  the  Chickamauga  and  Chattanooga  National  Park, 
with  a  view  to  the  erection  and  maintenance  of  a  military  post  thereon:  Pro- 
vided, nevertheless,  That  nothing  herein  contained  shall  extend  or  be  construed 
to  extend  so  as  to  impede  or  prevent  the  execution  of  any  process,  civil  or 
criminal,  under  the  laws  of  this  State. 

SEC.  2.  All  laws  and  parts  of  laws  in  conflict  with  this  act  be,  and  the  same 
are,  hereby  repealed. 

FORT  OGLETHORPE  TARGET  RANGE. 

This  reservation  is  situated  in  the  third  section,  twenty-eighth  dis- 
trict, of  Catoosa  County,  Ga.  It  contains  about  1,926  acres,  and  com- 


94  UNITED   STATES    MILITARY    RESERVATIONS,  ETC. 

prises  all  or  parts  of  land  lots  89,  90,  91,  92,  93, 108, 109, 124, 125, 126, 
12T,  128,  129,  159,  160,  161,  164,  165,  195,  196,  and  197. 

Title.— I.  Deed  from  William  M.  Fain,  dated  August  30,  1906, 
conveying  about  524  acres.  Recorded  in  book  L,  page  275,  of  the 
records  of  Catoosa  County. 

2.  Deed  from  Fannie  A.  Harris,  dated  August  31,  1906,  conveying 
about  440.5  acres.     Recorded  in  book  L,  page  274,  of  same  records. 

3.  Deed  from  Benjamin  F.  Harris,  dated  January  25,  1907,  con- 
veying about  210  acres.     Recorded  in  book  L.  page  319,  of  same 
records. 

4.  Decree  of  United  States  circuit  court,  rendered  March  31,  1910, 
covering  120.316  acres,  parts  of  land  lots  89,  90,  91,  and  92;  property 
of  M.  0.  Payne  et  al.     Recorded  in  book  M,  pages  92-101,  of  same 
records. 

Deed  from  Mrs.  M.  C.  Payne  et  al.,  heirs  of  Thomas  Yarbrough, 
conveying  same  premises.  Recorded  in  book  M,  page  10,  of  same 
records. 

Quit-claim  deed  from  Sarah  M.  Mullender,  dated  April  12,  1910, 
to  5  acres,  part  of  land  lot  89  and  part  of  same  premises  as  above. 
Recorded  in  book  M,  page  10,  of  same  records. 

5.  Decree  of  United  States  circuit  court,  rendered  March  31,  1910, 
covering  part  of  fractional  lot  91  (area  2.567  acres)  and  part  of  lot 
108  (area  75.449  acres),  aggregating  78.016  acres;  property  of  A.  T. 
Massengill.     Recorded  in  book  M,  pages  122-130,  of  same  records. 

6.  Decree  of  United  States  circuit  court,  rendered  March  31,  1910, 
covering  parts  of  fractional  lot  91,  and  108  and  109,  containing 
103.653  acres;  property  of  H.  C.  Massengill.     Recorded  in  book  M, 
pages  101-110,  of  same  records. 

7.  Decree  of  United  States  circuit  court,  rendered  March  31,  1910, 
covering  parts  of  lots  91,  109,  125,  and  all  of  fractional  lot  126,  con- 
taining 132.624  acres;  property  of  J.  S.  Broom.     Recorded  in  book 
M,  pages  115-122,  of  same  records. 

8.  Decree  of  United  States  circuit  court,  rendered  March  31,  1910, 
covering  part  of  lot  125,  containing  19.603  acres ;  property  of  J.  W. 
Magill.     Recorded  in  book  M,  pages  131-139,  of  same  records. 

9.  Decree  of  United  States  circuit  court,  rendered  March  31,  1910, 
covering  part  of  land  lot  159,  containing  50  acres;  property  of  J.  M. 
Duke  et  al.    Recorded  in  book  M,  pages  141-150,  of  same  records. 

10.  Decree  of  United  States  circuit  court,  rendered  March  31,  1910, 
covering  all  of  land  lot  161,  containing  163.463  acres,  and  all  of  frac- 
tional lot  127,  containing  23.737  acres;  property  of  J.  H.  Warner. 
Recorded  in  book  M,  page  208,  of  same  records. 

Supplemental  decree,  entered  November  22,  1910,  covering  one- 
half  of  the  mineral  interest  (found  to  be  of  no  value)  in  said  frac- 
tional land  lot  127.  Recorded  in  book  M,  page  222,  of  same  records. 

11.  Decree  of  United  States  circuit  court,  rendered  March  31,  1910. 
covering  part  of  land  lot  164.  containing  30  acres;  property  of  Ca- 
toosa  Springs   Co.     Recorded   in  book  M,  pages   83-91,   of   same 
records. 

12.  Decree  of  United  States  circuit  court,  rendered  March  31,  1910, 
covering  part  of  land  lot   195,  containing  30   acres;  property  of 
Charles  H.  Bell  et  al.    Recorded  in  book  M,  pages  151-160,  of  same 
records. 


GEORGIA.  95 

Revocable  license. — March  2, 1907,  to  the  Southern  Bell  Telephone 
Co.  for  telephone  lines. 

POINT  PETER. 

This  reservation  is  situated  at  the  mouth  of  St.  Marys  River,  in 
Camden  County,  and  contains  about  720  acres. 

Title. — Deed  from  Samuel  Breck,  surviving  executor,  etc.,  dated 
January  10,  1818,  conveying  720  acres.  Recorded  in  clerk's  office  of 
the  superior  court,  in  deed  book  S,  folios  509-511,  of  the  deed  records 
of  Camden  County. 

Lease. — For  5  years  from  April  15, 1914,  to  Theo.  G.  Dubose,  of  the 
entire  reservation. 

Jurisdiction. — See  act  of  the  State  legislature  of  December  22, 
1808,  under  "  General  act  of  cession."  See  also,  with  respect  thereto, 
Appendix,  page  500,  post. 

FORT  PULASKI. 

This  reservation  is  situated  14  miles  from  Savannah  on  Cockspur 
Island  and  contains  about  150  acres. 

Title  and  jurisdiction. — 1.  Deed  from  Alex.  Telfair  et  al.,  dated 
March  15,  1830,  conveying  about  130  acres  of  Cockspur  Island; 
recorded  in  the  clerk's  office  of  superior  court  in  book  22,  folios  82 
to  85,  of  the  deed  records  of  Chatham  County  (the  20  acres  being 
reserved  for  public  purposes). 

2.  By  acts  of  the  State  legislature,  approved  December  30,  1820, 
and  December  27,  1845,  title  and  jurisdiction  over  the  said  reserve 
of  20  acres  were  ceded  to  the  United  States,  in  terms  as  follows : 

Whatever  right  title  or  interest  the  State  of  Georgia  may  have  in  or  to  the 
sites  or  parcels  of  ground,  or  any  of  them  whereon  the  United  States  of 
America  have  placed  or  erected  beacons,  or  beacon  lights,  on  Tybee  Island,  on 
Cockspur  Island,  on  the  Oyster  Bank  opposite  said  Cockspur  Island,  on  the 
White  Oyster  Bank,  likewise  opposite  the  same,  on  Long  Island  and  on  Elba 
Island  in  the  Savannah  River  and  likewise  the  jurisdiction  to  and  over  the 
same  be  and  the  same  are  hereby  ceded  to  and  vested  in  the  said  United  States 
of  America.  (Act  of  Dec.  30,  1820,  Sec.  19,  Prince's  Digest,  p.  155.) 

Whereas,  in  and  by  an  act  of  the  General  Assembly  of  this  State,  passed  on 
the  second  day  of  December,  eighteen  hundred  and  eight,  the  jurisdiction  over 
all  the  lands  the  United  States  of  America  had  before  that  day  purchased  and 
acquired,  and  which  they  might  thereafter  purchase  and  acquire,  for  the  pur- 
pose of  erecting  forts  or  fortifications  in  this  State,  was  ceded  by  this  State  to 
the  United  States ;  and  whereas,  the  United  States  have,  by  deed,  on  the  fif- 
teenth day  of  March,  eighteen  hundred  and  thirty,  purchased  and  acquired  from 
Alexander  Telfair  and  sisters,  the  whole  Island  aforesaid,  (Cockspur  Island) 
with  the  exception  of  twenty  acres,  which  by  the  said  deed,  and  by  many 
others  of  anterior  date,  from  various  grantors,  had  been  reserved  for  the  public 
use;  and  whereas,  the  said  United  States  have  erected  on  the  said  Island,  for 
the  defence  of  the  city  and  harbor  of  Savannah,  a  fort,  known  as  Fort  Pulaski, 
and  the  whole  island  being  considered  necessary  for  the  accommodation  of 
said  fort,  and  the  said  reserve  being  of  inconsiderable  importance : 

SECTION  1.  Be  it  therefore  enacted,  etc.,  That  the  right,  title  and  interest  of 
the  State  of  Georgia,  and  also  the  jurisdiction  of  said  State,  in,  to  and  over 
the  said  reserve  of  twenty  acres,  on  Cockspur  Island,  be  and  the  same  are 
hereby  ceded  and  surrendered  to  the  United  St.it.es  of  America,  Promded, 
nevertheless,  That  if  at  any  time  the  said  United  States  of  America  shall  cease 
to  occupy  the  said  Island,  for  the  purpose  of  fortification,  this  act  shall  imme- 

12925°— 16 1 


96  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

diately  thereafter  become  null  and  void,  and  the  said  reserve  shall  return  to, 
and  be  reinvested  in  the  State  of  Georgia  for  the  use  of  the  public.  (Act  of 
Dec.  27,  1845.) 

See  also  act  of  December  22,  1808,  under  "  General  act  of  cession," 
ante,  referred  to  in  act  of  December  27,  1845,  as  giving  jurisdiction 
over  the  purchase  of  130  acres  from  "Alexander  Telfair  and  sisters." 
The  reference  to  the  act  as  passed  December  2,  1808,  appears  to  be 
erroneous,  as  it  was  approved  December  22,  1808. 

Revocable  licenses. — March  24,  1881,  to  the  board  of  sanitary  com- 
missioners of  the  city  of  Savannah,  to  construct  a  telephone  line 
across  Cockspur  Island  to  connect  the  quarantine  station  on  the 
Oyster  Bed  with  the  office  of  the  board. 

May  8,  1889,  to  the  city  of  Savannah  to  occupy  and  use  for  quar- 
antine purposes  a  portion  of  the  northwestern  end  of  Cockspur 
Island. 

September  7,  1911,  to  the  Treasury  Department  to  occupy  a  por- 
tion of  the  reservation  for  a  quarantine  station. 

FORT  SCREVEN. 

This  reservation  is  situated  on  Tybee  Island  at  the  mouth  of  the 
Savannah  River,  about  17  miles  from  the  city  of  Savannah,  in 
Chatham  County.  It  comprises  a  main  reservation  of  about  297 
acres  with  metes  and  bounds  as  described  in  G.  O.  182,  W.  D.,  Sep- 
tember 7, 1909,  and  certain  lots  on  the  sea  front  in  the  town  of  Tybee, 
containing  3.78  acres,  acquired  fpr  range-finding  stations. 

Title— -1.  Deed  from  John  Screven  et  al.,  dated  May  21,  1875, 
conveying  210  acres  exclusive  of  the  6  acres  used  for  lighthouse  pur- 
poses ;  recorded  in  the  clerk's  office  of  the  superior  court  in  deed  book 
R  R  R  R,  folio  390,  of  the  deed  records  of  Chatham  County. 

2.  Deed  from  the  Tybee  Beach  Co.,  dated  June  12,  1899,  conveying 
lots  145  to  147;  recorded  in  clerk's  office  of  superior  court  in  deed 
book  8  A,  folio  399,  of  same  records. 

3.  Deed  from  the  Tybee  Beach  Co.,  dated  August  — ,  1901,  convey- 
ing a  tract  of  land  therein  described;  recorded  in  clerk's  office  of 
superior  court  in  deed  book  8K,  folio  185,  of  same  records. 

4.  Deed  from  Charles  H.  Madison,  dated  August  16,  1901,  convey- 
ing lots  100,  101,  102,  103,  104,  105,  107,  and  western  half  of  lot  106; 
recorded  in  clerk's  office  of  superior  court  in  deed  book  8K,  folio 
179,  of  same  records. 

5.  Deed  from  John  G.  Butler,  dated  August  17,  1901,  conveying 
lots  72,  73,  78,  79,  88,  91,  92,  93,  94,  96,  99,  and  114.    Recorded  in 
clerk's  office  of  superior  court  in  deed  book  8  K,  folio  174,  of  same 
records. 

6.  Deed  from  Francis  E.  Rocca,  dated  August  17,  1901,  conveying 
lots  85  and  109.    Recorded  in  clerk's  office  of  superior  court  in  deed 
book  8  K,  folio  182,  of  same  records. 

7.  Deed  from  James  J.  Joyce,  dated  August  17,  1901,  conveying 
lots  80,  81,  82,  83,  and  84.    Recorded  in  clerk's  office  of  superior  court 
in  deed  book  8  K,  folio  176,  of  same  records. 

8.  Deed  from  Henry  Solomon,  dated  August  17,  1901,  conveying 
lot  75.    Recorded  in  clerk's  office  of  superior  court  in  deed  book  8  K, 
folio  184,  of  same  records. 


GEORGIA.  97 

9.  Deed  from  Ellen  Wall,  dated  August  19,  1901,  conveying  lot  89. 
Recorded  in  clerk's  office  of  superior  court  in  deed  book  8  K,  folio  189, 
of  same  records. 

10.  Deed  from  Robert  W.  McLaughlin,  dated  August  19,  1901,  con- 
veying lots  74  and  110.    Recorded  in  clerk's  office  of  superior  court  in 
deed  book  8  K,  folio  188,  of  same  records. 

11.  Deed  from  William  J.  Moore,  dated  August  20, 1901,  conveying 
the  eastern  half  of  lot  106.    Recorded  in  clerk's  office  of  superior  court 
in  deed  book  8  K,  folio  180,  of  same  records. 

12.  Deed  from  Carrie  L.  Lodge,  dated  August  20,  1901,  conveying 
lots  76  and  77.    Recorded  in  clerk's  office  of  superior  court  in  deed 
book  8  K,  folio  178,  of  same  records. 

13.  Deed  from  Robert  Hunter,  dated  August  20,  1901,  conveying 
lots  95,  96,  97,  98,  and  99.    Recorded  in  clerk's  office  of  superior  court 
in  deed  book  8  K,  folio  175,  of  same  records. 

14.  Deed  from'  Henry  W.  Bond  and  wife,  dated  August  20,  1901, 
conveying  lots  112  and  113.     Recorded  in  clerk's  office  of  superior 
court  in  deed  book  8  K,  folio  172,  of  same  records. 

15.  Deed  from  James  M.  Noble,  dated  August  20,  1901,  conveying 
lots  86,  87,  and  90.    Recorded  in  clerk's  office  of  superior  court  in 
deed  book  8  K,  folio  181,  of  same  records. 

16.  Deed  from  John  Byers,  dated  August  29,  1901,  conveying  lot 
111.     Recorded  in  clerk's  office  of  superior  court  in  deed  book  8  K, 
folio  173,  of  same  records. 

17.  Deed  from  Catherine  Naylor,  dated  March  11,  1903,  conveying 
6.68  acres.    Recorded  in  clerk's  office  of  superior  court  in  deed  book 
8  Q's,  folio  108,  of  same  records. 

18.  Deed  from  the  Tybee  Beach  Company,  dated  March  14,  1903, 
conveying  about  7  acres.    Recorded  in  clerk's  office  of  superior  court 
in  deed  book  8  Q's,  folio  110,  of  same  records. 

19.  Deed  from  John  C.  Rowland,  dated  February  25,  1904,  convey- 
ing lots  31,  32,  33,  and  34,  having  an  aggregate  area  of  3.78  acres 
for  range-finding  stations.    Recorded  in  book  8  T,  folio  373,  of  same 
records. 

The  following  lots  are  included  within  the  tract  of  20  acres  known 
as  the  "  Tilton  tract,"  shown  on  a  map  of  survey  for  James  H.  Furber 
made  by  Percy  Sugden,  C.  E.,  in  April,  1888.  Title  was  acquired  by 
the  following  deeds : 

1.  Deed  from  Isaac  D.  La  Roche,  dated  January  24, 1905,  conveying 
lots  38,  70,  71,  and  108;  recorded  in  county  records  books  8  Y,  folio 
403,  records  of  Chatham  County,  Ga. 

2.  Deed  from  Frank  W.  Stover,  dated  January  31,  1905,  convey- 
ing lot  36;  recorded  in  deed  book  9A,  folio  166,  of  the  records  of  said 
deed  book  9G,  folio  285,  of  same  records. 

3.  Deed  from  Diedrich  Entelman,  dated  March  10,  1905,  conveying 
lot  51;  recorded  in  deed  book  9 A,  folio  172,  of  the  records  of  said 
county. 

4.  Deed  from  Joseph  Copps,  dated  March  13,  1905,  conveying  lots 
5  and  6 ;  recorded  in  deed  book  9A,  folio  164,  of  the  records  of  said 
county. 

5.  Deed  from  John  G.  Butler,  jr.,  dated  March  13,  1905,  conveying 
lots  8  and  9;  recorded  in  deed  book  9A,  folio  163,  of  the  records  of 
said  county. 


98  UNITED   STATES   MILITABY   RESERVATIONS,  ETC. 

6.  Deed  from  Samuel  Reynolds,  dated  March  13,  1905,  conveying 
lots  18  and  37;  recorded  in  deed  book  9A,  folio  266,  of  the  records 
of  said  county. 

7.  Deed  from  Henrietta  Platshek,  dated  March  13,  1905.  conveying 
lot  48;  recorded  in  deed  book  9A,  folio  184,  of  the  records  of  said 
county. 

8.  Deed  from  H.  W.  Cowan,  dated  March  13,  1905,  conveying  lot 
26 ;  recorded  in  deed  book  9A,  folio  174,  of  the  records  of  said  county. 

9.  Deed  from  James  M.  Dixon,  dated  March  13,  1905,  conveying 
lots  34  and  35;  recorded  in  deed  book  9A,  folio  176,  of  the  records 
of  said  county. 

10.  Deed  from  Thomas  Cooley,  dated  March  13,  1905,  conveying 
lots  53  and  54 ;  recorded  in  deed  book  9A,  folio  173,  of  the  records 
of  said  county. 

11.  Deed  from  Addie  Jacobs  Hutto,  dated  March  13,  1905,  convey- 
ing lot  57;  recorded  in  deed  book  9A,  folio  188,  of  the  records  of  said 
county. 

12.  Deed  from  Bridget  Hanly,  dated  March  13,  1905,  conveying 
lots  61  and  62;  recorded  in  deed  book  9A,  folio  187,  of  the  records 
of  said  county. 

13.  Deed  from  Charles  C.  Ely,  dated  March  13,  1905,  conveying 
lots  67,  68,  and  69 ;  recorded  in  deed  book  9A,  folio  167,  of  the 
records  of  said  county. 

14.  Deed  from  Mary  A.  Ronan,  dated  March  14,  1905,  conveying 
lots  1  and  2 ;  recorded^  in  deed  book  9A,  folio  183,  of  the  records  of 
said  county. 

15.  Deed  from  John  F.  Lubs,  dated  March  14,  1905,  conveying  lot 
3 ;  recorded  in  deed  book  9A,  folio  187,  of  the  records  of  said  county. 

16.  Deed  from  John  H.  H.  Entelman,  dated  March  14,  1905,  cdfe- 
veying  lot  11;  recorded  in  deed  book  9A,  folio  175,  of  the  records 
of  said  county. 

17.  Deed  from  Daniel  J.  Roche  and  Eliza  J.  Roche,  sole  heirs  at 
law  of  Bridget  Roche,  deceased,  dated  March  14,  1905,  conveying 
lot  47;  recorded  in  deed  book  9A,  folio  186,  of  the  records  of  said 
county. 

18.  'Deed  from  John  H.  Grimm,  dated  March  14,  1905,  conveying 
lot  56;  recorded  in  deed  book  9A,  folio  166,  of  the  records  of  said 
county. 

19.  Deed  from  Francis  E.  Rocca,  dated  March  15,  1905,  conveying 
lot  24;  recorded  in  deed  book  9A,  folio  222,  of  the  records  of  said 
county. 

20.  Deed  from  T.  H.  Monahan,  dated  March  15,  1905,  conveying 
lot  43;  recorded  in  deed  book  9A,  folio  235,  of  the  records  of  said 
county. 

21.  Deed  from  William  Kehoe,  dated  March  13,  1905,  conveying 
lots  19,  20,  28,  and  29;  recorded  in  deed  book  9E,  folio,  40,  .of  the 
records  of  said  county. 

22.  Deed  from  Emile  Newman,  dated  March  27,  1905,  conveying 
lots  45  and  46 ;  recorded  in  deed  book  9E,  folio  42,  of  the  records  of 
said  county. 

23.  Deed  from  A.  P.  Solomon  et  al.,  dated  April  21,  1905,  convey- 
ing lot  49 ;  recorded  in  deed  book  9E,  folio  35,  of  the  records  of  said 
county. 


GEORGIA.  99 

24.  Deed  from  Elizabeth  McNally,  dated  June  2,  1905,  conveying 
lots  14  and  15 ;  recorded  in  deed  book  9E,  folio  37,  of  the  records  of 
said  county. 

25.  Deed  from  Frederic  Chastanet,  dated  June  3,  1905,  conveying 
lot  42;  recorded  in  deed  book  9E,  folio  41,  of  the  records  of  said 
county. 

26.  Deed  from  Francis  Hart,  dated  June  5,  1905,  conveying  lot  39; 
recorded  in  deed  book  9E,  folio  38,  of  the  records  of  said  county. 

27.  Deed  from  Mary  McCarthy,  executrix,  dated  June  8, 1905,  con- 
veying lots  55,  63,  64,  65,  and  66;  recorded  in  deed  book  9E,  folio 
37,  of  the  records  of  said  county. 

28.  Deed  from  Mary  A.  Ronan,  executrix,  dated  June  17, 1905,  con- 
veying lot  4;  recorded  in  deed  book  9E,  folio  34,  of  the  records  of 
said  county. 

29.  Deed  from  W.  L.  Wilson,  trustee  in  bankruptcy  of  the  estate 
of  John  J.  McDonough,  dated  June  17,  1905,  conveying  lots  58,  59, 
and  60;  recorded  in  deed  book  9E,  folio  33,  of  the  records  of  said 
county. 

30.  Deed  from  William  T.  Daniels,  dated  June  — ,  1905,  conveying 
lots  30  and  31 ;  recorded  in  deed  book  9E,  folio  39,  of  the  records  of 
said  county. 

31.  Deed  from  John  G.  Butler,  dated  February  28,  1906,  conveying 
lots  7,  10,  16,  17,  22,  23,  25,  27,  32,  33,  40,  41,  50,  and  52;  recorded  in 
deed  book  9G,  folio  285,  of  same  records. 

32.  Deed  from  Town  of  Tybee,  dated  June  20,  1905,  conveying  lots 
12,  13,  and  21 ;  recorded  in  deed  book  9E,  folio  152,  of  same  records. 

33.  Deed  from  John  G.  Butler,  dated  August  25,  1906,  conveying 
part  of  beach  lot  3,  all  of  beach  lot  4,  and  half  of  beach  lot  5; 
recorded  in  deed  book  91,  folio ,  of  same  records. 

34.  Quitclaim  deed  from  John  G.  Butler,  dated  August  25,  1906. 
quitclaiming  beach  lot  2;  recorded  in  deed  book  91,  folio  408,  of 
same  records. 

35.  Deed  from  John  Sullivan,  jr.,  dated  June  7,  1905,  conveying 
part  of  beach  lot  3  not  covered  by  conveyance  of  Butler,  above;  re- 
corded in  deed  book  91,  folio  406,  of  same  records. 

36.  Quitclaim  deed  from  John  Sullivan,  jr.,  dated  July  25,  1906, 
quitclaiming  beach  lot  2;  recorded  in  deed  book  91,  folio  408,  of 
same  records. 

37.  Deed  from  R.  L.  Byrum,  dated  March  18,  1907,  conveying  lot. 
44;    recorded   in   deed  book   9M,   folio   151,   of   same  records. 

The  following  lands  are  included  within  the  tract  or  plan  of  lots 
laid  out  by  John  R.  Tabeau. 

Deed  from  James  Farie,  jr.,  dated  March  13,  1905,  conveying  the 
south  half  of  lot  No.  5 ;  recorded  in  deed  book  9A,  folio  170,  of  the 
records  of  said  county. 

Instrument  executed  March  31,  1915,  by  its  president  on  behalf  of 
the  Central  of  Georgia  Railway  Co.,  granting  permission  to  the 
United  States  to  occupy  with  a  roadway  a  strip  of  land  approximately 
11  feet  wide  and  610  feet  long  adjacent  to  the  reservation  and  be- 
longing to  said  railway  company. 

Revocable  licenses. — March  10,  1899,  to  the  Georgia  Telephone  Co. 
to  occupy  the  Martello  tower  on  the  reservation  as  a  signal  station 
to  report  passing  vessels. 


100  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

July  29,  1904,  to  the  Western  Union  Telegraph  Co.  to  maintain 
its  existing  telegraph  lines  upon  the  reservation,  and  to  occupy  for 
office  purposes  a  room  in  the  administration  building. 

July  29,  1904,  to  The  Pilots'  Association  of  Savannah  to  moor 
boats  at  the  Engineer  Dock  and  to  have  right  of  passage  to  and 
from  the  same. 

July  29,  1904,  to  the  Savannah  Propeller  Tow  Boat  Co.  to  moor 
boats  at  the  Engineer  Dock  and  to  have  right  of  passage  to  and 
from  the  same. 

January  — ,  1913,  to  the  Southern  Bell  Telephone  &  Telegraph  Co. 
to  connect  its  water  system  at  the  Tybee  Signal  Station  with  the 
water  system  of  the  post. 

July  3,  1913,  to  the  Department  of  Agriculture  to  occupy  a  site 
on  the  reservation  and  to  erect  thereon  a  steel  storm-warning  tower. 

Jurisdiction. — Ceded  over  a  portion  of  this  reservation  by  act  of 
the  State  legislature  approved  July  19,  1904,  in  terms  as  follows : 

SECTION  1.  Be  it  enacted  by  the  General  Asscmblii  of  Georgia,  and  it  is 
hereby  enacted  by  the  authority  of  the  same,  That  the  jurisdiction  of  this 
State  be,  and  the  same  is  hereby,  ceded  to  the  United  States  over  the  military 
reservation  of  Fort  Screven  on  Tybee  Island,  in  Chatham  County,  containing 
about  221.28  acres;  the  same  having  been  acquired  by  the  United  States  for 
fortification  purposes  by  deed  from  John  Screven  et  al.,  dated  May  21.  1ST."). 
recorded  in  the  Clerk's  Office  of  the  Superior  Court  of  Chatham  County  in 
Deed  Book  R.  R.  R.  R.,  folio  390,  by  deed  from  the  Tybee  Beach  Company, 
dated  June  12,  1899,  recorded  in  same  office  in  Deed  Book  8a,  folio  .°>0().  and 
by  deed  from  Jno.  C.  Rowland,  dated  February  25,  1904,  recorded  in  same 
office  in  Deed  Book  8t,  folio  373;  Provided,  nevertheless,  That  nothing  herein 
contained  shall  extend,  or  be  construed  to  extend,  so  as  to  impede  or  prevent 
the  execution  of  any  process,  civil  or  criminal,  under  the  authority  of  this 
State. 

See  also  act  of  December  22, 1808,  and  note  thereto,  under  "  General 
act  of  cession." 

HAWAII. 

FORT  ARMSTRONG. 

This  reservation  is  situated  on  Kaakaukukui  Reef,  Honolulu  Har- 
bor, and  comprises  an  area  of  64.34  acres,  more  or  less,  about  6  acres 
being  upland  and  the  balance  submerged  lands. 

Title. — A  portion  of  the  lands  originally  reserved  for  naval  pur- 
poses by  Executive  order  of  November  10,  1899  (G.  O.  530.  Navy  De- 
partment, November  17, 1899). 

By  Executive  order  of  January  15, 1909  (G..  O.  17,  W.  D.,  January 
30,  1909),  about  5.75  acres  above  the  sea  wall  were  transferred  to 
the  War  Department  from  the  Navy  Department.  This  area  was 
enlarged  by  the  further  transfer  by  Executive  order  of  March  12, 
1910  (G.  6.  45,  W.  D.,  March  23,  1910),  of  that  part  of  the  naval 
reservation  lying  southwesterly  of  the  northeasterly  line,  extended,  of 
the  said  military  reservation.  It  was  further  enlarged  from  the 
naval  reservation  to  include  strip  between  the  reservation  and  the 
harbor  line  by  Executive  order  of  May  26,  1911  (G.  O.  76,  W.  D.. 
June  9,  1911),  and  again  by  Executive  order  of  July  6,  1912  (No! 
1559),  by  the  "  addition  thereto  of  a  strip  of  land  approximately  200 
feet  wide  between  the  reservation  and  the  Bishop  estate." 


HAW  AH.  101 

FORT  DE  RUSSY. 

This  reservation  is  situated  at  Kalia,  Waikiki,  island  of  Oahu, 
and  contains  an  area  of  about  72.76  acres.  Exclusive  of  the  "  Keike 
property,*'  the  tract  acquired  for  a  pumping  station  for  a  supply  of 
water  for  Forts  Euger  and  De  Eussy,  and  the  tracts  acquired  by  con- 
demnation proceedings  September  18,  1914,  and  July  14,  1915  (see 
7,  8,  9,  11,  infra.),  it  is  described  by  metes  and  bounds  in  G.  O.  197, 
W.  D.,  September  29,  1909. 

Title. — 1.  Deed  from  Frances  Elizabeth  Hobron,  executrix  and 
trustee,  and  widow  of  Thomas  H.  Hobron,  deceased,  dated  December 
31, 1904,  conveying  2.893  acres.  Eecorded  in  liber  264,  pages  320-325, 
register's  office,  Oahu. 

2.  Decree  of  United  States  District  Court  for  the  Territory  of 
Hawaii,  dated  July  14,  1905,  covering  2.812  acres.    Eecorded  in  liber 
284,  pages  98-105,  and  liber  304,  pages  397-405,  same  records.    Also 
deed,  dated  July  9,  1905,  from  the  estate  and  heirs  of  Henry  Water- 
house  conveying  same  premises.    Eecorded  in  liber  311,  pages  55-62, 
same  records. 

3.  Decree  of  United  States  District  Court  for  the  Territory  of 
Hawaii,  dated  November  10, 1905,  covering  2  acres.    Eecorded  in  liber 
284,  pages  105-110,  same  records. 

4.  Decree  of  United  States  District  Court  for  the  Territory  of 
Hawaii,  dated  December  22,  1905,  covering  3.214  acres.    Eecorded  in 
liber  284,  pages  116-122,  same  records. 

5.  Decree  of  United  States  District  Court  for  the  Territory  of 
Hawaii,  dated  April  19, 1909,  covering  52.92  acres.    Eecorded  in  liber 
321,  pages  296-324,  of  same  records. 

6.  Decree  of  United  States  District  Court  for  the  Territory  of 
Hawaii,  dated  May  24,  1909,  covering  1.36  acres.    Eecorded  in  liber 
321,  pages  342-350,  of  same  records. 

7.  Decree  of  the  United  States  District  Court,  rendered  August  19. 

1909,  covering  the  acquisition  of  1.694  acres,  known  as  the  "Keike 
property."    Eecorded  in  liber  331,  pages  41-50,  of  same  records. 

8.  Decree  of  United  States  District  Court,  rendered  August  24, 

1910,  covering  the  acquisition  of  12,101  square  feet  for  pumping  sta- 
tion for  supply  of  water  for  Forts  Euger  and  De  Eussy.    Eecorded  in 
liber  336,  pages  405-412,  of  the  local  deed  records  of  Honolulu.     (See 
G.  O.  146,  W.  D.,  October  31,  1911.) 

9.  Decree  of  United  States  District  Court,  rendered  September  18, 

1914,  covering  the  acquisition  of  1.26  acres,  more  or  less.    Eecorded 
in  liber  426,  pages  83-88,  office  of  registrar,  Territory  of  Hawaii. 

10.  Quitclaim  deed  from  Charles  Hustace,  jr.,  dated  January  28, 

1915,  to  same  tract.    Eecorded  in  liber  428,  pages  52-53,  same  records. 

11.  Decree  of  United  States  District  Court,  rendered  July  14,  1915. 
covering  the  acquisition  of  4.3  acres,  more  or  less.    Eecorded  in  liber 
426,  pages  337-339,  same  records. 

12.  Eight  of  way  over  Saratoga  Eoad  between  Kalakaua  Avenue 
and  Kalia  Eoad  granted  by  the  Territory  of  Hawaii,  January  8, 1909. 
Eecorded  in  liber  480,  pages  188-190,  same  records. 

Revocable  license. — February  9,  1914,  to  the  Honolulu  Gas  Co. 
(Ltd.) ,  to  install  and  maintain  a  4-inch  gas  main  upon  and  across  the 
reservation. 


102  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

HONOLULU  (LOTS  IN). 

These  reservations,  known  as  the  Emmes  Wharf  site,  the  Esplanade 
Lots,  and  the  Barracks  Lot,  are  situated  in  the  city  of  Honolulu,  and 
contain,  respectively,  42,086,  55,830,  and  98,260  square  feet. 

Title. — Reserved  for  military  purposes,  subject  to  private  rights,  by 
Executive  order  dated  December  19,  1899  (G.  O.  213,  A.  G.  O.,  De- 
cember 30, 1899).  By  Executive  order  of  March  27, 1912  (No.  1507), 
a  portion  of  the  Barracks  Lot  (area  57,413  square  feet)  was  restored 
to  the  Territory  of  Hawaii  as  an  armory  site,  subject  to  restoration  to 
the  United  States  if  not  so  used. 

Leases. — For  5  years  from  November  15,  1911,  to  E.  R.  Stackable, 
of  Esplanade  lots  4,  5,  6,  7,  8,  9,  10,  and  A. 

For  5  years  from  August  19,  1913,  to  the  board  of  harbor  commis- 
sioners of  the  Territory  of  Hawaii  of  the  Emmes  Wharf  site. 

Revocable  licenses. — January  12,  1907,  to  the  Territory  of  Hawaii 
to  erect  and  maintain  a  building  for  storage  of  militia  property  on 
the  Barracks  Lot. 

July  12,  1907,  to  the  Territory  of  Hawaii  to  erect  and  maintain  a 
shooting  gallery  on  the  Barracks  Lot. 

August  4, 1913,  to  the  Territory  of  Hawaii  to  operate  and  maintain 
an  oil  pipe  line  through  lot  A  of  the  Esplanade  Lots  reservation. 

FORT  KAMEHAMEHA. 

This  reservation  known  as  "  Queen  Emma  site  "  is  situated  at  Queen 
Emma  Point,  Pearl  Harbor,  island  of  Oahu,  Hawaii,  and  contains 
411.685  acres. 

Title. — 1.  Decree  of  United  States  District  Court  of  Hawaii  of 
July  12,  1907,  covering  411.685  acres.  Recorded  in  liber  304,  pages 
5-12,  registrar's  office,  Oahu,  Hawaii. 

2.  Deed  from  Samuel  M.  Damon,  dated  June  17,  1911,  conveying 
398.8  acres.  Recorded  in  liber  345,  pages  386-391,  office  of  registrar 
of  conveyances,  Hawaii. 

KEAAHALA. 

This  reservation  is  situated  east  of  the  Koolau  Range  of  mountains 
in  the  Kanoehe  district,  island  of  Oahu,  and  contains  an  area  of 
about  218.49  acres.  It  is  composed  of  a  main  reservation  containing 
216.55  acres,  more  or  less,  subject  to  a  10-foot  right  of  way  across  the 
same  reserved  for  an  irrigation  ditch  by  the  Territory  of  Hawaii;  a 
lot  or  piece  of  land  known  as  Spring  Reserve  lot,  containing  1.79 
acres,  more  or  less,  which  is  subject  to  two  10-foot  rights  of  way  re- 
served for  the  same  purpose  by  said  Territory;  and  a  right  of  way 
15  feet  wide  by  430  feet  long,  connecting.  Spring  Reserve  lot  with  the 
main  portion  of  the  reservation,  containing  an  area  of  approximately 
0.15  acre. 

Title. — As  a  part  of  the  public  domain,  it  was  reserved  for  mili- 
tary purposes  by  Executive  order  of  November  9, 1914  (No.  2075). 

MOKUUMEUME   OR   FORDS   ISLAND. 

This  reservation  is  situated  in  Pearl  Harbor,  Island  of  Oahu,  and 
comprises  three  separate  parcels,  known  as  Al,  B,  and  C,  containing, 


HAWAII.  103 

respectively,  0.81,  2.11,  and  1.58  acres,  more  or  less,  and  a  right  of 
way  containing  1.22  acres,  more  or  less.  Total  area,  5.72  acres,  more 
or  less. 

Title.— 1.  Deed  from  John  li  Estate  (Ltd.),  dated  September  7, 
1915,  conveying  the  above  three  parcels  and  right  of  way.  Recorded 
in  liber  435,  pages  283-287,  office  of  registrar  of  conveyances,  Hawaii. 

2.  Deed  from  Oahu  Sugar  Co.  (Ltd.),  dated  July  26,  1915,  con- 
veying leasehold  interest  of  the  grantor  in  same  property.  Recorded 
in  liber  423,  pages  471-476  of  same  records. 

PUNCHBOWL  HILL. 

This  reservation  is  situated  at  Honolulu,  island  of  Oahu,  and  con- 
tains an  area  of  about  35.45  acres. 

Title. — As  part  of  the  public  domain,  a  tract  containing  about 
157.5  acres  was  temporarily  reserved  for  military  purposes  by  Ex- 
ecutive order  of  January  18,  1906  (G.  O.  21,  W.  D.,  January  27, 
1906).  By  Executive  orders  of  May  11,  1912  (No.  1531),  and  of 
October  6,  1915  (No.  2253),  certain  portions  of  the  tract  reserved 
were  restored  to  their  previous  status  of  public  lands,  the  area  re- 
tained for  military  purposes  by  the  latter  Executive  order  being  that 
above  given. 

PUULOA. 

This  reservation  is  situated  on  the  west  side  of  the  entrance  to 
Pearl  Harbor,  near  Honolulu,  island  of  Oahu,  and  contains  an  area 
of  322.33  acres. 

Title.— I.  Deed,  dated  December  20,  1904,  from  the  Dowsett  Co. 
(Ltd.)  conveying  the  entire  tract  excepting  the  ten  lots  conveyed 
by  deeds  hereinafter  mentioned.  Recorded  in  liber  266,  pages  43  to 
47,  in  register's  office,  Oahu. 

2.  Deed,  dated  December  20,  1904,  from  R.  W.  Atkinson,  trustee, 
conveying  lot  No.  19.    Recorded  in  liber  264,  pages  284  to  287,  same 
records. 

3.  Deed,  dated  December  20,  1904,  from  Blanche  C.  Walker  and 
John  S.  Walker,  her  husband,  conveying  lot  No.  20.     Recorded  in 
liber  266,  pages  60  to  65,  same  records. 

4.  Deed,  dated  December  20, 1904,  from  James  F.  Morgan  and  wife, 
conveying  lots  38  and  39.     Recorded  in  liber  264,  pages  279  to  283, 
same  records. 

5.  Deed,  dated  December  20,  1904,  from  Elizabeth  B.  Waterhouse, 
conveying  lot  No.  41.    Recorded  in  liber  264,  pages  288  to  291,  same 
records. 

6.  Deed,  dated  December  20, 1904,  from  J.  W.  Bergstrom  and  wife, 
conveying  lot  No.  45.    Recorded  in  liber  266,  pages  54  to  59,  same 
records. 

7.  Deed,  dateft  December  20,  1904,  from  F.  J.  Church  and  wife, 
conveying  lot  No.  47.     Recorded  in  liber  266,  pages  66  to  71,  same 
records. 

8.  Deed,  dated  December  20,  1904,  from  A.  C.  Lovekin  and  wife, 
conveying  lots  48  and  49.    Recorded  in  liber  266,  pages  48  to  53, 
same  records. 


104  UNITED   STATES   MILITAKY   RESERVATIONS,  ETC. 

9.  Deed,  dated  June  22,  1905,  from  D.  H.  Hitchcock  and  wife, 
conveying  lot  No.  42.  Recorded  in  liber  272,  pages  181  to  183,  same 
records. 

RED  HILL SALT  LAKE MAKALAPA. 

This  reservation  is  situated  east  of  Pearl  Harbor  and  near  Hono- 
lulu, on  the  island  of  Oahu.  It  comprises  a  tract  of  land  on  Red 
Hill  Ridge,  containing  about  3.17  acres,  with  a  roadway  leading 
thereto  from  the  Government  road,  containing  about  12.64  acres; 
and  a  tract  of  land  around  Salt  Lake  Hill,  containing  about  58.977 
acres,  together  with  two  roadways  leading  thereto  from  the  Govern- 
ment roadway  containing  respectively  about  1.94  acres  and  about 
6.263  acres.  Total  area,  about  82.99  acres. 

Title. — Deed  from  Samuel  M.  Damon  and  wife,  dated  November 
20,  1914,  conveying  the  above  tracts  and  roadways.  Recorded  in 
liber  425,  pages  129-138,  office  of  registrar  of  conveyances,  Hawaii. 

Revocable  license. — November  4,  1915,  to  the  Hawaiian  Electric 
Co.  for  electric  pole  line. 

ROUND  TOP  AND   SUGAR  LOAF. 

These  reservations  are  situated  in  or  near  Honolulu,  island  of 
Oahu,  and  contain  respectively  3.68  acres  more  or  less  and  3.14  acres. 

Title. — Reserved  as  sites  for  observation  stations,  together  with  a 
right  of  way  extending  between  them,  and  rights  of  way  connecting 
them  with  existing  trails  or  roads,  by  Executive  order  of  November 
24,  1908  (G.  O.  200,  W.  D.,  December  10,  1908). 

FORT  RUGER. 

This  reservation  is  situated  at  Diamond  Head,  on  the  island  of 
Oahu,  Territory  of  Hawaii,  and  comprises  an  area  of  754.48  acres, 
with  metes  and  bounds  as  given  in  Execute  order  of  April  28, 
1913  (No.  1767).  It  is  composed  of  lands  taken  from  the  public 
domain,  lands  acquired  from  private  owners  and  known  as  the 
"Kapahuli  Tract,"  adjoining  the  original  reservation  on  the  north 
and  that  portion  of  the  "  Diamond  Head  Road  "  separating  the  tract 
reserved  from  the  public  domain  from  the  Kapahuli  tract/ 

Title. — Reserved  for  military  purposes  by  Executive  order  of  Jan- 
uary 18,  1906  (G.  O.  21,  W.  D.,  Jan.  27,  1906),  and  reduced  by  Ex- 
ecutive order  of  July  1,  1909  (G.  O.  143,  W.  D.,  July  15,  1909). 
Further  reduced  by  Executive  order  of  October  31,  1910  (G.  O.  212, 
W.  D.,  Nov.  12.  1910),  by  the  transfer  of  about  2  acres  to  the  Depart- 
ment of  Commerce  and  Labor  for  a  lighthouse  reservation.  Modified 
by  Executive  order  of  June  26,^911  (G.  0. 101,  W.  D.,  July  25, 1911). 
The  condition  of  this  last  order  requiring  the  territorial  government 
of  Hawaii  to  set  aside  a  road  reserve  was  complied  with  by  Executive 
order  of  the  governor,  dated  October  11,  1911.  Reservation  further 
modified  by  Executive  order  of  April  28,  1913  (No.  1767). 

The  Kapahuli  tract  was  acquired  by  deeds  as  follows : 

1.  Deed,  dated  November  26.  1904,  from  AY.  O.  Smith  et  al.,  trus- 
tees, conveying  above  premises.    Recorded  in  liber  264,  pages  215-218, 
register's  office,  Oahu. 

2.  Deed,  dated  November  29,  1904,  from  Arthur  A.  Wilder  (un- 
married), conveying  same  premises.     Recorded  in  liber  264,  pages 
209-211,  same  records. 


HAWAII.  105 

3.  Deed,  dated  November  26,  1904,  from  A.  V.  Gear  and  wife  and 
T.  F.  Lansing  and  wife,  conveying  same  premises.    Recorded  in  liber 
204,  pages  212-214,  same  records. 

4.  Release  of  mortgage,  dated  November  29,  1904,  from  Bishop  & 
Co.  (S.  M.  Damon  and  Alexander  Garvie),  covering  same  premises. 
Recorded  in  liber  262,  pages  174-176,  same  records. 

The  portion  of  the  Diamond  Head  Road  separating  the  tract 
reserved  from  the  public  domain  from  the  Kapahuli  tract  was  ac- 
quired by  the  following  deed : 

1.  Deed,  dated  December  17,  1910,  from  the  Trent  Trust  Co.,  con- 
veying a  tract  of  1.9  acres,  more  or  less.  Recorded  in  liber  352,  pages 
7-10,  office  of  registrar  of  conveyances,  Hawaii. 

Grant  by  the  governor  of  the  Territory  of  Hawaii,  January  22, 
1910,  with  the  concurrence  of  the  superintendent  of  public  works 
and  the  chairman  of  the  road  committee  of  the  city  and  county  of 
Honolulu  of  right  of  way  for  a  water  pipe  line  along  certain  high- 
ways. 

Decree  of  the  United  States  district  court  covering  acquisition  of 
site  for  pumping  station  for  water  supply  of  Forts  De  Russy  and 
Ruger.  See  No.  8,  under  "  Fort  De  Russy." 

Easement. — Permission,  April  5,  1911,  by  authority  of  section  6 
of  act  of  July  5,  1884  (23  Stat.,  103),  to  the  Territory  of  Hawaii  to 
extend  Eighteenth  and  Twenty-second  Avenues  across  the  reser- 
vation. 

Revocable  licenses. — June  12,  1909,  to  A.  S.  Cleghorn  to  construct 
and  use  roadway  from  northeast  corner  of  his  property  to  Diamond 
Head  Road. 

Jury"  14,  1910,  to  the  department  of  public  works  of  the  Territory 
of  Hawaii  to  lay  and  maintain  a  water  pipe  line  across  the  reser- 
vation. 

May  10,  1911,  to  the  Hawaiian  Electric  Co.  (Ltd.)  to  extend  its 
wires  across  the  reservation. 

August  23,  1911,  to  the  Mutual  Telephone  Co.  (Ltd.)  to  extend, 
operate,  and  maintain  its  telephone  line  across  the  reservation. 

SCHOFIELD  BARRACKS. 

This  reservation  is  situated  on  the  island  of  Oahu,  about  19  miles 
from  Honolulu  and  9  miles  from  Pearl  Harbor,  and  comprises  part 
of  Waianae-Uka,  containing  14,614.02  acres,  more  or  less. 

Title. — As  part  of  the  public  domain  it  was  set  apart  for  military 
purposes  and  declared  a  military  reservation  by  Executive  order 
dated  July  20,  1899,  amended  by  Executive  order  dated  November 
15,  1909  (G.  (3.  242,  W.  D.,  Dec.  4,  1909),  and  enlarged  by  Execu- 
tive order  dated  August  23,  1910  (G.  O.  172,  Sept.  12,  1910),  by  the 
addition  thereto  of  certain  lands  from  the  "  Kalena  Tract." 

Easement. — By  act  of  Congress  approved  February  6,  1909  (35 
Stat.,  611),  the  Wahiawa  Water  Co.  (Ltd.)  was  granted  the  right 
of  way  on  this  reservation  for  reservoirs,  canals  and  their  laterals 
upon  the  proviso  that  the  company  "  shall  furnish  free  of  charge  all 
the  water  needed  for  post  or  encampment  purposes,"  etc. 

Revocable  licenses. — July  23,  1906,  to  Oahu  Railway  &  Land  Co. 
to  occupy  for  its  railway  a  strip  of  land  40  feet  wide  through  the 
reservation. 


106  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

March  30,  1912,  to  Chang  Chau  to  occupy  a  site  and  establish  and 
maintain  a  steam  laundry. 

October  2,  1912,  to  the  Mutual  Telephone  Co.  of  Honolulu  to  con- 
struct, operate,  tind  maintain  a  private  telephone  exchange  and 
system. 

August  11,  1913,  to  the  commissioner  of  public  lands  of  Hawaii  to 
use  for  a  roadway  a  strip  of  land  40  feet  wide  extending  from  the 
land  of  Pouhala  to  the  Honolulu  County  Road. 

January  20,  1912,  to  the  First  United  States  Infantry,  Camp  No.  3, 
United  Spanish  War  Veterans,  to  remove  its  hall  built  under  verbal 
authority  in  1912  to  a  new  site  upon  the  reservation. 

January  24,  1914,  to  the  Oahu  Railway  &  Land  Co.  to  construct, 
operate,  and  maintain  a  branch  line  of  the  Leilehua  branch  of  its 
Oahu  Railway. 

June  24,  1914,  to  Bishop  &  Co.  to  erect  a  temporary  building  for 
banking  purposes. 

FORT    SHAFTER. 

This  reservation  is  situated  at  Kahauiki,  Kona  District,  about  3 
miles  northwest  of  Honolulu,  on  the  island  of  Oahu,  and  contains 
1.344  acres. 

Title. — A  part  of  the  Government  domain,  it  was  reserved  for 
military  purposes,  subject  to  unexpired  leases,  by  Executive  order 
dated  July  20,  1899  (G.  O.  147,  A.  G.  O.,  August  10,  1899). 

The  following  releases  have  been  executed  by  lessees,  assigns,  and 
sublessees  of  their  interests  in  and  to  portions  of  said  premises  under 
the  original  lease,  dated  July  2, 1888,  of  said  premises  for  the  term  of 
25  years,  to  James  I.  Dowsett,  viz : 

1.  Release  by  the  Dowsett  Co.   (Ltd.),  assignee,  dated  April  30, 
1904,  of  leasehold  interest  in  a  portion  of  the  lands.    Recorded  in 
liber  263,  pages  1  to  5,  in  register's  office,  Oahu. 

2.  Release  by  the  Dowsett  Co.  (Ltd.),  assignee,  and  Joseph  Rich- 
ard, sublessee  under  said  company,  dated  June  10,  1904,  of  right  of 
way  leading  from  Government  road  to  said  reservation.    Recorded  in 
liber  263,  pages  5  and  6,  same  records. 

3.  Release  by  Alfred  W.  Carter,  J.  R.  Gait,  and  Clarence  H.  Cooke. 
trustees,  etc.,  dated  June  6,  1904,  of  same  premises  covered  by  No.  1, 
supra.    Recorded  in  liber  256,  pages  483  to  485,  same  records. 

4.  Release  by  the  Star  Dairy  Co.  (Ltd.),  assignee,  dated  June  6, 
1904,  of  leasehold  interest  in  a  portion  of  the  lands.     Recorded  in 
liber  263,  pages  14  and  15,  same  records. 

5.  Release  by  Sarah  J.  Grace  (widow),  dated  June  6, 1904,  of  lease- 
hold interest  in  a  portion  of  the  lands.    Recorded  in  liber  261,  pages 
143  and  144,  same  records. 

6.  Release  by  Ng  Sue  Ming  et  al.,  dated  June  6,  1904,  of  leasehold 
interest  in  a  portion  of  the  lands.    Recorded  in  liber  261,  pages  144 
and  145,  same  records. 

7.  Release  by  S.  M.  Damon  and  wife,  dated  May  12,  1904,  of  lease- 
hold interest  in  a  portion  of  the  lands.    Recorded  in  liber  264,  pages 
221  and  222,  same  records. 

Easement.— Right  of  way  granted  by  act  of  Congress  approved 
August  24,  1912  (37  Stat,  503),  to  the  Pearl  Harbor  Traction  Co. 
(Ltd.) ,  through  the  reservation.  Location  approved  by  the  Secretary 
of  War  January  21,  1913. 


UNITED  STATES  MILITARY  RESERVATIONS,  ETC.  107 

IDAHO. 

BOISE    BARRACKS. 

This  reservation  is  situated  in  Ada  County.  It  comprises  the  res- 
ervation proper,  containing  636.35  acres,  lying  adjacent  to  Boise 
City,  and  the  tract  reserved  for  the  protection  of  the  water  supply  of 
the  post  in  Tps.  3  and  4  N.,  R.  3  E.,  B.  M.,  containing  approximately 
6,400  acres. 

Title. — 1.  Executive  order  dated  April  9, 1873,  setting  aside  the  res- 
ervation for  military  purposes,  and  Executive  order  dated  February 
13,  1911  (G.  O.  39,  W.  D.,  Mar.  22,  1911),  reserving  the  tract  last 
above  described  for  a  water  supply  for  the  post. 

2.  By  deed  dated  May  24,  1905,  Peter  Sonna  and  wife  conveyed  to 
the  United  States  their  water  rights  and  water  system;  acquired 
under  sections  18  and  20,  act  of  Congress  of  March  3,  1891  (26  Stat., 
1101),  and  approvals  thereunder  by  Secretary  of  War,  dated  Feb- 
ruary 25,  1S93,  August  22,  1894,  and  December  12,  1894;  deed 
recorded  in  book  53  of  deeds,  page  580,  in  the  recorder's  office  of 
Ada  County,  Idaho.  Quitclaim  deed  from  Mary  Sonna,  widow  and 
sole  devisee  of  Peter  Sonna,  dated  September  15,  1909,  to  any  rights 
in  said  water  system.  Recorded  in  book  78,  page  440,  of  same  records. 

Easements. — Pursuant  to  sections  18  and  20  of  act  of  Congress, 
approved  March  3,  1891  (26  Stat,  1101),  the  Secretary  of  War 
approved  the  location  by  Joseph  Perrault  of  an  irrigating  canal 
through  the  .reservation,  February  25,  1893.  Change  of  location  of 
this  canal,  known  as  "  Walling  Canal,"  approved  December  15,  1905, 
to  make  room  for  the  enlargement  of  the  post.  The  canal  is  now 
owned  by  the  Capital  Water  Co. 

By  act  of  January  21,  1909  (35  Stat.,  588),  the  Secretary  of  Wai- 
was  authorized  to  grant  a  license  to  the  city  of  Boise  City  to  use  a 
part  of  the  reservation  between  the  city  and  the  ditch  of  the  Cap- 
ital Water  Co.  for  park  purposes.  No  license,  however,  appears  to 
have  been  granted  under  this  act. 

Revocable  licenses. — July  13, 1893,  to  the  city  of  Boise  to  lay,  main- 
tain, and  use  a  line  of  pipe  through  a  part  of  the  reservation  for  the 
purpose  of  flushing  sewers. 

December  14,  1900,  to  Idaho  Independent  Telephone  Co.  to  erect 
and  maintain  a  telephone  line  upon  the  reservation. 

April  28, 1906,  to  Rocky  Mountain  Bell  Telephone  Co.  for  telephone 
service. 

November  4,  1913,  to  the  Department  of  the  Interior  to  use  one  of 
the  post  buildings  for  the  storage  of  wagons  and  equipment. 

December  26, 1913,  to  the  State  of  Idaho  to  occupy  and  use  a  part  of 
the  reservation  and  buildings  thereon  for  militia  purposes. 

Jurisdiction. — Ceded  to  the  United  States  by  an  act  of  the  State 
legislature  approved  February  7,  1891,  which  provides  as  follows: 

SECTION  1.  That  pursuant  to  article  one,  section  eight,  paragraph  seventeen, 
of  the  Constitution  of  the  United  States,  consent  to  purchase  is  hereby  given 
and  exclusive  jurisdiction  ceded  to  the  United  States  over  and  with  respect  to 
all  lands  embraced  within  the  military  posts  and  reservations  of  Fort  Sherman 
and  Boise  Barracks,  together  with  such  other  lands  in  the  State  as  may  be  now 
or  hereafter  acquired  and  held  by  the  United  States  for  military  purposes, 
either  as  additions  to  the  said  posts  or  as  new  military  posts  or  reservations 
which  may  be  established  for  the  common  defense;  and,  also,  all  such  lands 


108  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

within  the  State  as  may  be  included  in  the*  territory  of  the  Yellowstone  National 
Park,  reserving,  however,  to  this  State  a  concurrent  jurisdiction  for  the  execu- 
tion upon  said  lands,  or  in  the  buildings  erected  thereon,  of  all  process,  civil  or 
criminal,  lawfully  issued  by  the  courts  of  the  State  and  not  incompatible  with 
this  cession.  (Idaho  Code,  1901,  vol.  1,  p.  9,  sec.  22.) 

MILITIA   RIFLE   RANGE. 

This  range  is  situated  5  miles  north  of  Weiser  and  comprises  the 
SW.  J  of  the  SW.  i  of  sec  8,  and  the  E.  £  of  the  NW.  J  and  the  N  W. 
J  of  the  NW.  i  of  sec!  17,  T.  11  N".,  E.  5  W.,  Boise  meridian,  contain- 
ing an  aggregate  area  of  160  acres. 

Title. — Keserved  for  military  purposes  for  use  of  the  National 
Guard  of  Idaho  as  a  rifle  range,  by  Executive  order  of  May  10,  1911 
(No.  1356). 

ILLINOIS. 

GENERAL  ACTS   OF   CESSION. 

SECTION  1.  Be  it  enacted,  etc.,  That  the  United  States  shall  have  power  to 
purchase  or  condemn,  in  the  manner  prescribed  by  law,  upon  making  just  com- 
pensation therefor,  any  land  in  the  State  of  Illinois  required  for  custom-houses. 
arsenals,  light-houses,  national  cemeteries,  or  for  other  purposes  of  the  govern- 
ment of  the  United  States. 

SEC.  2.  The  United  States  may  enter  upon  and  occupy  any  land  which  may 
have  been  or  may  be  purchased  or  condemned  or  otherwise  acquired,  and  shall 
have  the  right  of  exclusive  legislation  and  concurrent  jurisdiction,  together 
with  the  State  of  Illinois,  over  such  land  and  the  structures  thereon,  and  shall 
hold  the  same,  exempt  from  all  state,  county,  and  municipal  taxation.  (Ap- 
proved Dec.  14,  1871.  Illinois  Stats.,  1898,  p.  1521.) 

SECTION  1.  Be  it  enacted,  etc.,  That  the  consent  of  the  State  of  Illinois  is 
hereby  given,  in  accordance  with  the  sixteenth  clause,  eighth  section,  of  the  first 
article  of  the  Constitution  of  the  United  States,  to  the  acquisition  by  the  United 
States,  by  purchase,  condemnation  or  otherwise,  of  any  land  in  this  State  re- 
quired for  custom  houses,  court  houses,  post  offices,  arsenals,  or  other  public 
buildings  whatever,  or  for  any  other  purposes  of  the  government. 

§  2.  That  exclusive  jurisdiction  in  and  over  any  land  so  acquired  by  the 
United  States  shall  be,  and  the  same  is  hereby,  ceded  to  the  United  States  for 
all  purposes  except  the  administration  of  the  criminal  laws  and  the  service  of 
all  civil  processes  of  this  State ;  but  the  jurisdiction  so  ceded  shall  continue  no 
longer  than  the  said  United  States  shall  own  such  lands. 

§  3.  The  jurisdiction  hereby  ceded  shall  not  vest  until  the  United  States  shall 
have  acquired  the  title  to  the  said  lands  by  purchase,  condemnation  or  other- 
wise; and  so  long  as  the  said  lands  shall  remain  the  property  of  the  United 
States  when  acquired  as  aforesaid,  and  no  longer  the  same  shall  be  and  continue 
exempt  and  exonerated  from  all  State,  county  and  municipal  taxation,  assess- 
ment, or  other  charges  which  may  be  levied  or  imposed  under  the  authority  of 
this  State.  (Approved  Apr.  11,  1899.  Laws  of  Illinois,  1899,  p.  375.) 

ALTON    CEMETERY     (BURIAL   LOT    FOR    PRISONERS    OF    WAR). 

This  lot  is  situated  near  the  city  of  Alton,  in  Madison  County,  and 
contains  an  area  of  about  2.44  acres. 

Title. — 1.  Act  of  the  State  legislature,  approved  March  5,  1.8GI 
(Laws  of  Illinois,  1867,  public,  page  176),  releasing  to  the  United 
States  the  title  and  jurisdiction  of  the  State  over  about  two  acres  for 
use  as  a  burial  place  for  soldiers,  in  terms  as  follows : 

SEC.  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  represented  in  the 
General  Assembly,  That  the  state  of  Illinois  hereby  relinquish  claim  and  juris- 
diction over  the  following  described  land,  viz:  two  acres  of  land  situated  in  the 


ILLINOIS.  109 

southwest  part  of  the  northwest  quarter  of  section  two  (2),  town  five  (5)  north, 
range  ten  (10)  west  of  the  third  (3d)  principal  meridian;  and  fulTand  complete 
jurisdiction  hereby  given  over  said  land  to  the  United  States,  for  the  use  and 
purposes  of  said  land  being  a  burial  place  for  soldiers — the  state  hereby  retaining 
only  such  jurisdiction  and  authority  over  said  land  as  may  be  necessary  for  the 
purpose  of  enforcing  the  criminal  laws  of  the  state. 

SEC.  2.  Said  land  shall  not  be  used  for  any  purpose,  except  as  herein  specified. 

2.  Deed  from  Thomas  Dunford  and  wife,  dated  October  15,  1867, 
and  recorded  in  book  104,  page  17,  of  the  deed  records  of  Madison 
County. 

Jurisdiction. — Ceded  to  the  United  States  by  acts  of  the  State 
legislature  approved  March  5,  1867,  supra,  and  March  31,  1869.  The 
latter  act  provides  as  follows : 

SECTION  1.  Be  it  enacted,  etc.,  That  whereas  the  said  United  States  have  pur- 
chased the  following  described  real  estate  in  said  County,  to  wit,  0.44  of  an  acre 
of  land,  the  same  being  the  Southeast  part  of  lot  number  twenty-three  (23) 
in  Mounter's  first  subdivision  of  the  Northwest  quarter  of  section  number  two 
(2),  Township  five  (5),  North  of  Range  ten  (10)  West  of  the  third  (3)  prin- 
cipal meridian.  Wherefore  exclusive  jurisdiction  and  legislation  are  hereby 
ceded  to  the  United  States  over  said  real  estate,  and  the  right  of  taxation  or 
assessment  of  said  real  estate  is  hereby  relinquished  to  the  said  United  States. 

SEC.  2.  All  civil  and  criminal  process  issued  under  the  authority  of  this  State 
or  by  any  of  its  officers  in  pursuance  of  law  may  be  executed  on  said  real  estate 
as  if  such  jurisdiction  had  not  been  ceded. 

See  also  "  General  acts  of  cession." 

CAMP  BUTLER  NATIONAL  CEMETERY. 

This  reservation  is  situated  about  2  miles  from  the  town  of  River- 
ton,  in  Sangamon  County,  and  contains  6.02  acres. 

Title. — Deed  from  Polly  Miller,  executrix,  etc.,  dated  September  6, 
1 865,  conveying  the  above  lands  as  a  part  of  sec.  16,  T.  16  N.,  R.  4  W. 
of  third  principal  meridian.  Recorded  in  book  No.  25,  page  327,  of 
the  deed  records  of  Sangamon  County. 

Jurisdiction. — See  "  General  acts  of  cession." 

CONFEDERATE  MOUND,  OAKWOODS  CEMETERY. 

This  reservation  is  situated  in  what  is  known  as  Oakwoods  Ceme- 
tery, in  Chicago,  Cook  County,  and  contains  about  69,064  square  feet. 

Title. — 1.  Deed  from  the  Oakwoods  Cemetery  Association,  dated 
April  25,  1866,  conveying  all  of  division  1  in  section  letter  K  of  the 
plat  of  a  portion  of  said  cemetery,  etc.,  being  18,340  square  feet. 
Recorded  in  book  340,  page  466,  of  the  records  of  Oakwoods  Ceme- 
tery. See  also  book  16,  page  247. 

2.  Deed  from  the  Oakwoods  Cemetery  Association,  dated  May 
1,  1867,  conveying  all  of  division  2,  in  section  letter  K,  of  the  plat 
of  a  portion  of  said  cemetery,  being  50,724  square  feet.  Recorded  in 
book  428,  page  581,  of  same  records.  Plat  of  cemetery  recorded  in 
book  164,  page  198,  of  maps  in  the  recorder's  office  of  Cook  County. 

Jurisdiction. — See  "  General  acts  of  cession." 

GRACELAND    CEMETERY. 

This  reservation  is  situated  in  Adams  County,  near  Quincy,  and 
contains  20,000  square  feet. 

Title. — Deed  from  the  Quincy  Cemetery  Association,  dated  October 
95, 1899,  conveying  the  above  tract  situated  in  sec.  5,  T.  2  S.,  R.  8  W. 


110  UNITED   STATES   MILITAEY   RESERVATIONS,  ETC. 

of  the  fourth  principal  meridian.     Recorded  in  volume  3,  page  162, 
of  the  records  of  the  Quincy  Cemetery  Association. 
Jurisdiction. — See  "  General  acts  of  cession." 

MOUND  CITY  NATIONAL  CEMETERY. 

This  reservation  is  situated  at  Mound  City,  in  Pulaski  County,  and 
contains  about  10.50  acres  and  a  right  of  way. 

Title. — 1.  Deed  from  Hiram  Ketchum,  dated  May  4, 1867,  releasing 
all  right,  title,  etc.,  in  the  10  acres  in  SE.  J  sec.  26,  in  T.  16  S.,  R,  1  W., 
described  therein.  Recorded  in  book  T,  page  323,  etc.,  of  the  deed 
records  of  Pulaski  County. 

2.  Deed  from  Samuel  Staats  Taylor  and  Edwin  Parsons,  trustees, 
etc.,  Cairo  City  property,  dated  May  4,  1867,  conveying  by  deed  of 
bargain  and  sale  the  above  10  acres.    Recorded  in  book  T,  page  321, 
etc.,  of  same  records. 

3.  Deed  from  Samuel  Staats  Taylor  and  Edwin  Parsons,  trustees, 
etc.,  dated  November  28, 1873,  conveying  0.50  acre  adjoining  the  fore- 
going described  10  acres.    Recorded  in  book  W,  page  146,  of  same 
records. 

4.  Deed  from  Charles  Parsons,  trustee,  etc.,  dated  November  28, 
1873,  releasing  all  interest,  etc.,  in  the  above  0.50  acre. 

5.  Deed  from  commissioners  of  Pulaski  County,  dated  August  11, 
1882,  conveying  a  right  of  way  from  Mound  City  to  the  cemetery 
100  feet  wide  by  3,431  feet  long.    Recorded  in  book  Y,  page  129,  of 
same  records. 

6.  Deed  from  commissioners  road  district  No.  1,  Pulaski  County, 
dated  July  1,  1892,  conveying  right  of  way,  100  feet  wide,  from 
Mound  Junction  to  southwest  corner  of  cemetery. 

7.  Deed  from  Henry  Parsons  and  Edwin  Parsons,  trustees  of  the 
Cairo  trust  property,  dated  August  5,  1896,  conveying  a  roadway  to 
the  Mound  City  National  Cemetery.    Recorded  in  book  8,  page  201, 
etc.,  of  same  records. 

Jurisdiction. — See  "  General  acts  of  cession." 

ROCK  ISLAND  ARSENAL. 

This  reservation  is  situated  in  the  Mississippi  River  adjacent  to  the 
city  of  Rock  Island  in  Rock  Island  County,  and  embraces  the  entire 
island  of  Rock  Island,  containing  896.62  acres. 

Title. — Acquired  through  a  treaty  with  the  chiefs  of  the  Sac  and 
Fox  Tribes  of  Indians  made  by  Gen.  William  Henry  Harrison,  gov- 
ernor and  superintendent  of  Indian  affairs  for  the  Territory  of 
Indiana  and  District  of  Louisiana,  at  St.  Louis,  Mo.,  in  November, 
1804,  but  the  reservation  for  military  purposes  derives  its  validity 
from  the  act  of  June  14,  1809.  (2  Stat.,  547.)  Possession  was  taken 
as  early  as  May  10,  1816,  barracks  built,  and  afterwards  a  defensive 
work  called  Fort  Armstrong.  This  occupation  continued  until  1836, 
at  which  time  the  island  was  placed  in  charge  of  Indian  agents,  who 
remained  in  charge  until  1840,  when  the  War  Department  resumed 
possession,  repaired  some  of  the  buildings  of  Fort  Armstrong,  estab- 
lished an  ordnance  depot,  and  continued  in  possession  of  the  island 
until  1844,  when  by  an  act  of  Congress  approved  April  2,  1844  (6 


ILLINOIS.  Ill 

Stat.,  908) ,  George  Davenport  was  authorized  to  enter  and  purchase 
the  SE.  fractional  quarter  of  sec.  25,  T.  18  N.,  R.  2  W.,  of  the  fourth 
principal  meridian  (he  afterwards  received  a  patent  therefor),  area 
157.81  acres,  and  by  act  of  Congress,  approved  January  24,  1855  (10 
Stat.,  843),  David  B.  Sears  was  authorized  to  enter  and  purchase  the 
E.  4  of  SW.  fractional  quarter  of  fractional  section  29,  containing 
28.10  acres,  and  the  SE.  fractional  quarter  of  same  fractional  section 
containing  3.26  acres,  same  township  and  range,  in  order  to  secure  to 
him  the  full  and  complete  use  of  the  water  power  on  the  north  side 
of  the  island,  patent  issuing  to  him  therefor.  Such  was  the  status 
of  title  when  the  act  of  Congress  making  provision  for  the  establish- 
ment of  national  arsenals  was  approved  July  11,  1862.  (12  Stat., 
537.)  It  becoming  necessary  to  again  have  control  of  the  whole 
island,  Congress  by  an  act  approved  April  19,  1864  (13  Stat.,  50), 
provided  for  the  acquisition  of  such  parts  of  the  island  as  had  been 
sold,  and  also  for  the  extinguishment  of  all  claims  of  title  to  property 
therein,  and  in  accordance  with  the  provisions  of  said  act,  which 
was  supplemented  by  the  act  of  Congress  approved  June  27,  1866 
(14  Stat.,  76) ,  possession  was  taken  of  said  portions  and  title  acquired 
as  follows : 

1.  Decree  of  condemnation  for  the  SE.  fractional  quarter  of  sec. 
25,  T.  18  N.,  R.  2  W.,  of  the  fourth  principal  meridian  in  a  certain 
chancery  proceeding  in  the  Circuit  Court  of  the  United  States  for 
the  Northern  District  of  Illinois,  entitled  George  L.  Davenport  and 
Susan  M.  Goldsmith  v.  The  United  States.    Decree  rendered  May  2, 
1867,  and  filed  with  the  record  in  the  clerk's  office  of  said  court. 

2.  Decree  of  condemnation  for  lot  No.  5,  in  block  No.  15,  in  Island 
City  subdivision  No.  1  to  Moline  upon  Rock  Island,  in  a  certain  chan- 
cery proceeding  in  the  Circuit  Court  of  the  United  States  for  the 
Northern  District  of  Illinois,  entitled  Nels  Johnson  v.  The  United 
States.    Decree  rendered  May  13,  1867,  and  filed  with  the  record  in 
the  clerk's  office  of  said  court. 

3.  Decree  of  condemnation  for  lots  Nos.  16,  17,  18,  19,  and  20,  in 
block  No.  10,  in  Island  City  subdivision  No.  1  to  the  town  of  Moline 
upon  Rock  Island,  in  a  certain  chancery  proceeding  in  the  Circuit 
Court  of  the  United  States  for  the  Northern  District  of  Illinois, 
entitled  Daniel  Jones  v.  The  United  States.     Decree  rendered  May 
13, 186T,  and  filed  with  the  record  in  the  clerk's  office  of  said  court. 

4.  Decree  of  condemnation  for  lot  No.  4,  in  block  No.  11,  in  Island 
City  subdivision  No.  1  to  Moline  upon  Rock  Island,  in  a  certain  chan- 
cery proceeding  in  the  Circuit  Court  of  the  United  States  for  the 
Northern  District  of  Illinois,  entitled  Peter  Peterson  v.  The  United 
States.    Decree  rendered  May  13,  1867,  and  filed  with  the  record  in 
the  clerk's  office  of  said  court. 

5.  Decree  of  condemnation  for  lot  No.  13,  in  block  No.  10,  in 
Island  City  subdivision  No.  1  to  Moline  upon  Rock  Island,  in  a  cer- 
tain chancery  proceeding  in  the  Circuit  Court  of  the  United  States 
for  the  Northern  District  of  Illinois,  entitled  James  Robinson  v.  The 
United  States.     Decree  rendered  May  13,  1867,  and  filed  with  the 
record  in  the  clerk's  office  of  said  court. 

6.  Decree  of  condemnation  for  lots  Nos.  1  and  2,  block  No.  13, 
and  lots  Nos.  4,  5,  and  6,  in  block  No.  12,  in  Island  City  subdivision 
No.  1  of  Moline  upon  Rock  Island,  in  a  certain  chancery  proceeding 

12925°— 16 8 


112  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

entitled  George  Stephens,  Jonathan  Houtoon,  and  Timothy  Wood, 
partners,  etc.,  v.  The  United  States.  Decree  rendered  May  13,  1867, 
and  filed  with  the  record  in  the  clerk's  office  of  said  court. 

7.  Decree  of  condemnation  for  lot  No.  8,  in  block  No.  9,  in  Island 
City  subdivision  of  Moline  upon  Rock  Island,  in  a  certain  chancery 
proceeding  entitled  Robert  Welch  v .  The  United  States.    Decree  ren- 
dered May  13,  1867,  and  filed  with  the  record  in  the  clerk's  office  of 
said  court. 

8.  Decree  of  condemnation  for  Wilsons  Island,  in  the  Mississippi 
River,  in  sees.  35  and  36,  in  T.  18  N.,  R.  2  W.,  fourth  principal  me- 
ridian, containing  7.60  acres,  a  certain  bridge  roadway  and  embank- 
ment and  approaches  leading  thereto  from  the  city  of  Rock  Island 
across  Wilsons  Island,  etc.,  in  a  certain  chancery  proceeding  en- 
titled The  City  of  Rock  Island  v.  The  United  States.    Decree  ren- 
dered April  22,  1867,  and  filed  with  the  record  in  the  clerk's  office  of 
said  court. 

9.  Decree  of  condemnation  for  a  certain  bridge  and  roadway  con- 
necting the  head  of  Rock  Island  with  Mill  Street  in  the  town  of 
Moline  on  the  main  shore  (provision  for  free  use  of  streets  of  Moline 
connecting  with  the  bridge,  right  to  repair  or  construct  new  bridge, 
etc.) ,  in  a  certain  chancery  proceeding  entitled  The  Town  of  Moline  v. 
The  United  States.    Decree  rendered  May  13,  1867,  and  filed  with 
the  record  in  the  clerk's  office  of  said  court. 

10.  (Viaduct.)     Deed  from  the  Chicago,  Rock  Island  and  Pacific 
Railway  Company  and  the  Chicago,  Burlington  and  Quincy  Railway 
Company,  dated  December  23,  1890,  conveying  the  right  of  way  for 
a  viaduct,  etc.    Recorded  in  book  87,  page  460,  of  the  deed  records  of 
Rock  Island  County. 

11.  (For  same.)     Deed  from  the  Moline  and  Rock  Island  Railroad 
Company,  dated  January  19,  1890,  ceding  a  portion  of  its  right  of 
way.     Recorded  in  book  87,  page  469,  of  same  records. 

12. (For  same.)  Deed  from  the  St.  Louis,  Rock  Island  and  Chi- 
cago Railroad  Company,  dated  January  23,  1891,  conveying  portion 
of  its  right  of  way.  Recorded  in  book  87,  page  465,  of  same  records. 

13.  (For  same.)     Deed  from  the  city  of  Rock  Island,  dated  De- 
cember 17,  1890,  conveying  right  of  way.     Recorded  in  book  87, 
page  453,  of  same  records. 

14.  Ordinance  of  city  council  of  the  city  of  Rock  Island  author- 
izing foregoing  conveyance.     Certified  copy  recorded  in  book  87, 
page  457,  of  same  records. 

Easements. — Act  of  Congress  approved  March  2,  1867  (14  Stat., 
485),  amended  by  the  act  of  July  20,  1868  (15  Stat,  258),  granted  a 
right  of  way  across  the  Government  bridge  to  the  Rock  Island  and 
Pacific  Railway  Company,  for  the  purposes  of  transit  across  the 
island  and  river,  upon  certain  conditions. 

Act  of  Congress  approved  March  3,  1885  (23  Stat.,  435),  granted 
privilege  to  Davenport  and  Rock  Island  Street  Railway  Company  to 
run  cars  on  reservation  and  bridge  under  such  restrictions  as  the 
Secretary  of  War  may  impose. 

Agreement  with  the  Moline  Water  Power  Company,  dated  August 
20,  1867,  conveying  to  the  United  States  the  entire  water  power  of 
said  company,  the  United  States  granting  to  said  company  the  free 
use  of  one- fourth  of  such  power,  etc. 


ILLINOIS.  113 

Revocable  licenses. — September  10, 1888,  to  the  Central  Union  Tele- 
graph Company  to  run  electric  wires  across  the  Government  bridges. 

November  20,  1893,  to  the  Davenport  &  Rock  Island  Railroad 
Company  to  substitute  electric  for  horse  power  cars  on  the  reserva- 
tion. Amended  May  15,  1907. 

February  12,  1894,  to  the  People's  Power  Company  to  maintain 
a  line  of  electric  light  wires  upon  and  across  the  Government  bridge 
Renewed  and  modified  May  28,  1907. 

October  22,  1894,  to  the  Sylvan  Steel  Company  to  cut  through  the 
dike  built  by  the  United  States  along  the  pool  side  of  Sylvan  Island 
and  take  water  through  an  8-inch  pipe  from  the  pool. 

June  23,  1898,  to  the  Rock  Island  and  Eastern  Illinois  Railway 
Company  to  construct,  maintain,  and  operate  its  tracks  through  so 
much  of  the  abandoned  tailrace  south  of  the  Moline  Dam  wall  as  is 
the  property  of  the  United  States,  and  along  or  through  the  south 
edge  of  the  water-  power  pool,  on  either  side  of  the  Moline  bridge 
and  across  said  bridge,  etc.  License  renewed  May  22,  1907,  to  suc- 
cessor, the  Davenport,  Rock  Island  and  Northwestern  Railway  Com- 
pany. 

June  3,  1899,  to  the  Tri-City  Railway  Company  to  extend  and 
operate  a  single-track  railway  upon  the  grounds  of  the  Rock  Island 
Arsenal.  License  limited,  March  10,  1905,  to  five  years.  License 
renewed  and  modified  September  11,  1908. 

June  24,  1902,  to  the  Union  Telephone  and  Telegraph  Company  to 
place  electric  cables  or  wires  over  Government  bridge. 

November  11,  1904,  to  city  of  Moline,  for  10-inch  water  main. 

December  5,  1905,  to  Rock  Island  Golf  Club  for  use  of  golf  links 
and  for  construction  of  building  for  use  of  club. 

October  8,  1906,  to  "  Old  Settlers  "  Association  to  repair  and  main- 
tain "  Old  Davenport  House." 

October  25,  1906,  to  the  Moline  Water  Power  Company,  for  elec- 
tric pole  line. 

March  2,  1907,  to  the  city  of  Moline,  for  motor-driven  centrifugal 
pump  in  connection  with  the  city's  water  main. 

January  29,  1914,  to  the  Moline  Plow  Company  to  lay  12-inch 
sewer  tile  drain. 

April  6, 1914,  to  the  American  Telephone  and  Telegraph  Company 
to  place  its  aerial  electric  cables  on  the  Government  bridges  over  the 
Mississippi  River. 

June  1,  1915,  to  David  R.  Forgan,  Edgar  S.  Bloom,  and  Frank  F. 
Fowle,  receivers,  Central  Union  Telephone  Company  to  place  a  tele- 
phone wire  cable  on  the  Government  electric  wire  poles  on  the  reser- 
vation. 

Jurisdiction. — Ceded  to  the  United  States  by  an  act  of  the  State 
legislature  approved  February  1,  1867,  which  provides  as  follows: 

SECTION  1.  Be  it  enacted,  etc.,  That  jurisdiction  over  the  island  of  Rock 
Island  and  the  small  islands  contiguous  thereto,  known  as  Benhams,  Wilsons, 
and  Winnebago  Islands  and  their  shores,  taken  and  assigned  by  the  United 
States  for  the  establishment  of  an  arsenal  and  armory,  be,  and  is  hereby,  ceded 
to  the  said  United  States,  provided  that  the  Commanding  Officer  shall,  on  appli- 
cation of  a  competent  State  Officer,  allow  the  execution  of  all  civil  and  criminal 
process  issued  under  authority  of  the  State  of  Illinois  on  said  Islands  In  the 
same  way  and  manner  as  if  jurisdiction  had  not  been  ceded  as  aforesaid. 


114  UNITED  STATES   MILITARY  RESERVATIONS,  ETC. 

SEC.  2.  Be  it  further  enacted,  That  the  islands  before  named  and  the  public 
buildings  and  other  property  that  may  be  thereon  shall  forever  hereafter  be 
exempted  from  all  State,  County,  and  Municipal  Taxation  and  assessment  what- 
ever, so  long  as  the  same  shall  be  used  by  the  United  States  as  an  arsenal  and 
armory. 

See  also  "  General  acts  of  cession,"  and  Appendix,  page  526. 

ROCK  ISLAND  NATIONAL  CEMETERY. 

This  cemetery  is  situated  near  the  upper  or  east  end  of  the  island 
of  Rock  Island,  being  a  part  of  that  reservation,  and  contains  an 
area  of  a  little  over  1  acre.  About  1,150  yards  northwest  of  this 
cemetery  is  a  burial  lot  in  which  are  buried  the  remains  of  1,928 
Confederate  soldiers  who  died  here  while  held  as  prisoners  of  war. 

Title  and  jurisdiction. — See  "  Rock  Island  Arsenal." 

FORT  SHERIDAN. 

This  reservation  is  situated  in  Lake  County,  25  miles  north  of  the 
city  of  Chicago,  on  Lake  Michigan,  and  contains  an  area  of  720.8 
acres. 

Title. — The  original  reservation,  containing  about  632.5  acres,  was 
conveyed  to  the  United  States  by  citizens  of  Chicago  in  1886  and 
accepted  by  the  Secretary  of  War  November  19,  1887,  under  author- 
ity of  joint  resolution  of  Congress  of  March  3,  1887  (24  Stat,  646). 
The  following  deeds  conveyed  title  to  the  original  reservation : 

1.  Deed  from  Adolphus  C.  Bartlett  et  al.,  dated  October  6,  1887, 
conveying  598.50  acres  in  Lake  County.     Recorded  in  volume  86, 
page  406  et  seq.,  of  the  deed  records  of  Lake  County. 

2.  Deed  from  Adolphus  C.  Bartlett  et  al.,  dated  October  6,  1887, 
conveying  34  acres  in  Lake  County.     Recorded  in  volume  86,  page 
410  et  seq.,  of  same  records. 

By  act  of  March  3,  1903  (32  Stat.,  1129),  as' amended  by  act  of 
April  28,  1904  (33  Stat,  497),  provision  was  made  for  the  purchase 
of  about  84  acres  as  an  addition  to  this  reservation.  Under  this 
authority  the  following  tracts  have  been  acquired : 

A. — MICHAEL  SWEENEY'S   SUBDIVISION   OF  PAKT  OF  THE   SOUTHWEST  QUARTER 
OF  SECTION  10,  TOWNSHIP  43  NORTH,  RANGE  12  EAST. 

Block  1  (containing  19  lots)  : 

Lots  1  to  19,  inclusive.  Deed  from  Michael   Sweeney  et  ux., 
dated   October  5,   1907,   conveying   lots   1   to   19,   inclusive; 
recorded  book  165,  page  163  of  same  records. 
Block  2  (containing  41  lots) : 

Lots  1  to  41,  inclusive.  By  same  deed  as  block  1,  supra. 
Block  3.  Deed  from  Fayette  S.  Munro  et  ux.,  dated  December  18, 
1907,  conveying  part  of  block  3  lying  easterly  of  the  right  of  way 
of  the  Chicago  &  Milwaukee  Electric  Railway  Co.,  together  with 
rights  in  streets.     Recorded  in  book  165,  page  164,  of  same  records. 
Block  4  (containing  3  lots) : 

Lots  1,  2,  and  3.  By  same  deed  as  block  1,  supra. 
Also  the  streets  and  avenues  and  certain  part  of  the  subdivision 
lying  easterly  of  Sheridan  Avenue.     Same  deed  as  block  1, 
supra. 


ILLINOIS.  115 

B. — J.  S.  PRALL'S  SUBDIVISION  IN  THE  WEST  HALF  OF  THE  SOUTHEAST  QUARTER 
OF  SECTION  10,  TOWNSHIP  43  NORTH,  RANGE  12  EAST. 

Block  1  (containing  24  lots) : 

Lot  1.  Deed  from  Lizzie  Good,  dated  December  10, 1906,  convey- 
ing lots  1,  5,  6,  7,  and  24,  in  block  1,  and  lots  3,  4,  and  5,  in 
block  2;  recorded  in  book  165,  page  123,  of  same  records;  and 
quitclaim  deed  from  W.  W.  Wagoner  et  ux.,  dated  July  1, 1907, 
to  the  same  lots,  and  also  lots  21  and  22  in  block  5 ;  recorded  in 
book  149,  page  411,  of  same  records. 

Lots  2  and  3.  Decree  in  condemnation,  in  case  of  United  States  v. 
Lizzie  Good  in  United  States  District  Court  for  Northern 
District  of  Illinois,  rendered  August  1,  1907. 

Lot  4.  Deed  from  Ada  J.  Hogan  et  vir,  dated  June  24, 1906,  con- 
veying lot  4  in  block  1,  lot  2  in  block  2,  lot  29  in  block  4,  and 
lot  9  in  block  7.  Recorded  book  137,  page  620,  of  same  records. 

Lots  5,  6,  and  7.     See  lot  1,  supra. 

Lot  8.  Deed  from  Patrick  Gallagher  et  al.,  dated  September  28, 
1906,  conveying  lot  8.  Recorded  in  book  137,  page  569,  of 
same  records. 

Lots  9  and  10.  Deed  from  John  Brown,  dated  November  28, 1906, 
conveying  lots  9  and  10.  Recorded  in  book  137,  page  630,  01 
same  records. 

Lot  11.  See  lot  2,  supra.     Condemnation. 

Lot  12.  Deed  from  Edward  J.  Neil,  dated  October  17,  1906,  con- 
veying lot  12 ;  recorded  in  book  137,  page  556,  of  same  records. 

Lots  13  and  14.  Deed  from  Edward  Harte  et  ux.,  dated  Septem- 
ber 24,  1906,  conveying  lots  13  and  14;  recorded  in  book  137, 
page  565,  of  same  records. 

Lots  15  and  16.  Deed  from  Annie  Shaw,  dated  June  3, 1907,  con- 

.  veying  lots  15  and  16 ;  recorded  in  book  165,  page  27,  of  same 
records.    Also  by  condemnation ;  lot  2,  supra. 

Lot  17.  See  lot  2,  supra.     Condemnation. 

Lots  18  and  19.  Deed  from  Annie  Daniels  et  vir,  dated  Septem- 
ber 20,  1906,  conveying  lots  18  and  19 ;  recorded  in  book  137, 
page  523,  of  same  records. 

Lot  20.  Deed  from  Clarence  S.  Gould  et  ux.,  dated  September 
26,  1906,  conveying  lot  20;  recorded  in  book  162,  page  323,  of 
same  records. 

Lot  21.  Deed  from  Charles  Hudemann,  dated  September  28, 
1906,  conveying  lot  21 ;  recorded  in  book  162,  page  112,  of  same 
records. 

Lots  22  and  23.  Deed  from  Edward  Whiting  et  ux.,  dated  Octo- 
ber 1,  1906,  conveying  lots  22  and  23;  recorded  in  book  162, 
page  353,  of  same  records. 

Lot  24.  See  Lot  1,  supra. 
Block  2  (containing  29  lots) : 

Lot  1.  Condemnation.     See  Lot  2,  block  1,  supra. 

Lot  2.  Deed  from  Ada  J.  Hogan  et  vir.  See  Lot  4,  block  1, 
supra. 

Lots  3,  4,  and  5.  Deed  from  Lizzie  Good.  See  Lot  1,  block  1, 
supra. 

Lots  6  and  7.  Deed  from  William  Menkennaier  et  ux.,  dated 
September  25,  1906,  conveying  lots  6  and  7;  recorded  in  book 
165,  page  15,  of  same  records. 


116  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

Block  2  (containing  29  lots) — Continued. 

Lot  8.  Deed  from  Patrick  D.  Hickey,  dated  September  19,  1906, 
conveying  lot  8;  recorded  in  book  137,  page  546,  of  same 
records. 

Lot  9.  Deed  from  May  Rankin,  dated  September  19,  1906,  con- 
veying lot  9 ;  recorded  in  book  137,  page  612,  of  same  records. 

Lots  10  and  11.  Deed  from  Alfred  C.  Markley  et  ux.,  dated  Octo 
ber  3,  1906,  conveying  lots  10  and  11  in  block  2,  and  lot  27  in 
block  4 ;  recorded  in  book  162,  page  178,  of  same  records. 

Lots  12  to  27,  inclusive.  Decree  in  condemnation,  in  case  of 
United  States  v.  George  S.  Beach  et  al.,  in  United  States  Dis- 
trict Court  for  Northern  District  of  Illinois;  case  No.  9515; 
rendered  March  30, 1908. 

Lot  28.  Condemnation.    See  Lot  2,  block  1,  supra. 

Lot  29.  Deed  from  James  Kelly,  dated  September  25,  1906,  con- 
veying lot  29;  recorded  in  book  162,  page  151,  of  same  records. 
Block  3 : 

That  part  of  block  3  lying  east  of  the  right  of  way  of  the  Chicago 
&  Milwaukee  Electric  Railroad  Co.     By  condemnation.     See 
Lot  12,  block  2. 
Block  4  (containing  43  lots)  : 

Lots  1,  2,  3,  4,  part  of  lots  5  and  40,  and  lots  41,  42,  43,  and  44. 
not  acquired.  No  lot  numbered  "  28." 

Lot  5.  That  part  of  lot  5  which  lies  east  of  the  right  of  way  of 
the  Chicago  &  Milwaukee  Electric  Railroad  Co.  Same  as 
lot  12,  block  2,  supra. 

Lot  6.  Condemnation ;  same  as  lot  12,  block  2,  supra. 

Lot  7.  Deed  from  Flora  and  Margaret  Goldrick,  dated  February 
13,  1907,  conveying  lot  7;  recorded  in  book  162,  page  184,  of 
same  records. 

Lot  8.  Condemnation ;  same  as  lot  12,  block  2,  supra. 

Lot  9.  Condemnation ;  same  as  lot  12,  block  2,  supra. 

Lots  10  and  11.  Deed  from  William  O'Flaherty  et  ux.,  dated 
October  2,  1906,  conveying  lots  10  and  11 ;  recorded  in  book 
165,  page  4,  of  same  records. 

Lots  12, 13, 14,  and  15.    Condemnation ;  same  as  lot  2,  block  1. 

Lot  16.  Deed  from  Robert  H.  Holmes,  dated  January  2,  1907, 
conveying  lot  16;  recorded  in  book  162,  page  374,  of  same 
records. 

Lots  17  and  18.  Deed  from  Rose  B.  Seifert  et  vir,  dated  Septem- 
ber 25,  1906,  conveying  lots  17  and  18;  recorded  in  book  165, 
page  3,  of  same  records. 

Lots  19  and  20.  Condemnation ;  same  as  lot  12,  block  2. 

Lot  21.  Deed  from  George  J.  Williams  et  ux.,  dated  September 
29,  1906,  conveying  lot  21 ;  recorded  in  book  137,  page  530,  of 
same  records. 

Lots  22  to  25,  inclusive.  Condemnation ;  same  as  lot  12,  block  2. 

Lot  26.  Condemnation;  same  as  lot  2,  block  1. 

Lot  27.  See  deed  from  Alfred  C.  Markley  et  ux.,  lot  10,  block  2. 

Lot  29.  See  deed  from  Ada  J.  Hogan  et  vir,  lot  4,  block  1. 

Lots  30,  31,  32,  and  33.  Condemnation;  same  as  lot  12,  block  2. 

Lot  34.  Deed  from  Frederika  Rose  Baker,  dated  September  25, 
1906,  conveying  lot  34;  recorded  in  book  137,  page  578,  of  same 
records. 


ILLINOIS.  117 

Block  4  (containing  43  lots) — Continued. 

Lot  35.  Condemnation ;  same  as  lot  12,  block  2. 

Lot  36.  Deed  from  Samuel  L.  Clonsky,  dated  September  26, 1906, 
conveying  lot  36;  recorded  in  book  162,  page  188,  of  same 
records. 

Lots  37,  38,  and  39.  Condemnation;  same  as  lot  12,  block  2. 

Lot  40.  That  part  of  lot  40  lying  east  of  the  right  of  way  of  the 
Chicago  &  Milwaukee  Electric  Railroad  Co.  Condemnation; 
same  as  lot  12,  block  2. 
Block  5  (containing  37  lots) : 

Lot  1.  That  part  of  lot  1  which  lies  east  of  the  right  of  way  of 
the  Chicago  &  Milwaukee  Electric  Railroad  Co.  Condemna- 
tion ;  same  as  lot  12,  block  2. 

Lots  2,  3,  4,  5,  6,  7,  8,  9,  and  10.  Condemnation;  same  as  lot  12, 
block  2. 

Lot  11.  Condemnation;  same  as  lot  12,  block  2;  and  deed  from 
Thomas  F.  Blaha  et  ux.,  dated  June  13, 1907,  conveying  lot  11 ; 
recorded  in  book  165,  page  75,  of  same  records. 

Lot  12.  Deed  from  Hugo  Acht  et  ux.,  dated  March  20, 1907,  con- 
veying lots  12,  13,  18,  33,  and  part  of  34  and  35,  in  block  5, 
and  lot  12  in  block  7 ;  recorded  in  book  162,  page  436,  of  same 
records. 

Lot  13.  See  Lot  12,  supra. 

Lots  14  and  15.  Deed  from  George  Boldizsar  et  ux.,  dated  Sep- 
tember 29, 1906,  conveying  lots  14  and  15 ;  recorded  in  book  137, 
page  531,  of  same  records. 

Lots  16  and  17.  Deed  from  John  Beschke  et  ux.,  dated  Septem- 
ber 19,  1906,  conveying  lots  16  and  17;  recorded  in  book  137, 
page  549,  of  same  records. 

Lot  18.  See  Lot  12,  supra. 

Lots  19  and  20.  Condemnation;  same  as  lot  12,  block  2. 

Lots  21  and  22.  Condemnation;  same  at  lot  2,  block  1 ;  $so,  deed 
from  Lizzie  Good,  dated  January  16,  1907,  conveying  lots  21 
and  22;  recorded  in  book  165,  page  24,  of  same  records;  and 
quitclaim  deed  from  John  C.  Sands  et  ux.,  dated  February  7, 
1907,  covering  same  property;  recorded  in  book  149,  page  412, 
of  same  records.  See,  also,  quitclaim  deed  from  W.  W.  Wag- 
oner et  ux.,  to  same  property,  under  lot  1,  block  1,  supra. 

Lots  23,  24,  25,  26,  27,  28,  29,  30,  31,  and  32.  Condemnation; 
same  as  lot  12,  block  2. 

Lot  33.  See  Lot  12,  supra. 

Lots  34  and  35 — a  part  of  these  lots  only.     See  Lot  12,  supra. 
.  Lots  36  and  37.  Not  acquired. 
Block  6  (containing  24  lots) : 

Lots  1,  2,  3,  4,  and  5.  Condemnation;  same  as  lot  2,  block  1. 

Lots  6  and  7.  Deed  from  John  J.  Condon,  dated  September  28, 
1906,  conveying  lots  6  and  7  in  block  6,  and  the  south  25'  of 
lot  15  in  block  7;  recorded  in  book  137,  page  579,  of  same 
records;  and  quitclaim  deed  from  William  F.  Hogan  et  ux., 
dated  October  25,  1906,  conveying  same  lots  in  block  6;  re- 
corded in  book  149,  page  295,  of  same  records. 

Lots  8  and  9.  Condemnation ;  same  as  lot  2,  block  1. 


118  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

Block  6  (containing  24  lots) — Continued. 

Lots  10, 11,  and  12.  Deed  from  John  Sullivan  et  ux.,  dated  Sep- 
tember 24,  1906,  conveying  lots  10,  11,  and  12;  recorded  in 
book  137,  page  518,  of  same  records ;  and  quitclaim  deed  from 
J.  S.  Prall  et  ux.,  dated  November  3,  1906,  conveying  same 
property;  recorded  in  book  149,  page  249,  of  same  records; 
and  quitclaim  deed  from  Ada  J.  Hogan  et  vir,  dated  Novem- 
ber 5,  1906,  conveying  lot  12 ;  recorded  in  book  149,  page  248. 
of  same  records. 

Lot  13.  Deed  from  Henry  F.  Pelton  et  ux.,  dated  September  29, 

1906,  conveying  lot  13 ;  recorded  in  book  162,  page  170,  of  same 
records. 

Lot  14.  Deed  from  Carl  Copeland  et  ux.,  dated  November  8, 1906, 

conveying  lot  14;  recorded  in  book  137,  page  529,  of  same 

records. 
Lot  15.  Condemnation ;  same  as  lot  2,  block  1.     Also  deed  from 

Anna  Kaiser  et  vir,  dated  September  25,  1906,  conveying  lot 

15;  unrecorded. 
Lot  16.  Deed  from  Richard  Shannon  et  ux.,  dated  February  12, 

1907,  conveying  lot  16 ;  recorded  in  book  137,  page  615,  of  same 
records. 

Lot  17.  Deed  from  Richard  Shannon  et  ux.,  dated  February  12, 
1907,  conveying  lot  17 ;  recorded  in  book  149,  page  337,  of  same 
records. 

Lots  18, 19,  20,  21,  22,  and  part  of  lot  23.  Condemnation;  same  as 
lot  2,  block  1;  also,  deed  from  Emma  Carlson  et  vir,  dated 
July  30,  1907,  conveying  lots  18,  19,  20,  21,  22,  and  part  of  lot 
23 ;  recorded  in  book  165.  page  122,  of  same  records.  See  Lot 
24,  infra. 

Lot  24.  Deed  from  Sebastian  Rettig  et  ux.,  dated  September  20, 
1906,  conveying  lot  24,  and  the  west  18'  of  lot  23;  recorded  in 
book  137,  page  522,  of  same  records. 
Block  7  (containing  15  lots) : 

Lot  1.  Deed  from  John  S.  Kelly,  dated  September  25,  1906.  con- 
veying lot  1 ;  recorded  in  book  165,  page  1,  of  same  records. 

Lots  2,  3,  and  4.  Condemnation ;  same  as  lot  2,  block  1. 

Lot  5.  Deed  from  Robert  H.  Patterson  et  ux.,  dated  September 

27,  1906,  conveying  lot  5;  recorded  in  book  165,  page  2,  of 
same  records. 

Lot  6.  Deed  from  Delia  Sweeney  et  vir.,  dated  October  3,  1906, 

conveying  lot  6;   recorded  in  book  165,  page  24,  of  same 

records. 
Lot  7.  Deed  from  Vencel  Muzike  et  ux.,  dated  September  19, 

1906,  conveying  lot  7;  recorded  in  book  137,  page  533,  of 

same  records. 
Lot  8.  Deed  from  Aaron  A.  Dahl  et  ux.,  dated  September  20, 

1906.  conveying  lot  8;  recorded  in  book  137,  page  536,  of 

same  records. 
Lot  9.  See  lot  4,  block  1. 
Lots  10  and  11.  Deed  from  Julia  Conley  et  vir.,  dated  September 

28,  1906,  conveying  lots  10  and  11;  recorded  in  book  137,  page 
520,  of  same  records. 

Lot  12.  See  lot  12,  block  5. 


ILLINOIS.  119 

Block  7  (containing  15  lots) — Continued. 

Lot  13.  Deed  from  Clara  Pell  Townsend,  dated  October  10, 1906, 
conveying  lot  13;  recorded  in  book  165,  page  171,  of  same 
records.    Also,  condemnation ;  same  as  lot  2,  block  1. 
Lot  14.  Deed  from  Frank  T.  Hennig  et  ux.,  dated  October  23, 

1906,  conveying  lot  14;  recorded  in  book  158,  page  224,  of 
same  records. 

Lot  15.  Deed  from  Thomas  McGlone,  dated  September  19,  1906, 
conveying  lot  15,  except  the  south  25'  thereof;  recorded  in 
book  137,  page  519,  of  same  records.  See  also,  for  the  south 
25',  lot  6,  block  6. 

Deed  from  the  Chicago  &  Northwestern  Railroad  Co.,  dated 
June  1,  1907,  conveying  right  of  way  100  feet  in  width  across 
part  of  the  southeast  quarter  of  section  10,  west  of  Waukegan 
highway ;  recorded  in  book  167,  page  38,  of  same  records. 

Also,  condemnation ;  same  as  lot  2,  block  1. 

C. — E.  ASHLEY  MEAKS'  SUBDIVISION  OF  THE  NORTH  HALF  OF  THE  NOKTHEAST 
QUARTER  OF  SECTION  15,  TOWNSHIP  43  NORTH,  RANGE  12  EAST  (ACCORDING  TO 
SURVEY  OF  GUSTAF  H.  CARLSON,  SURVEYOR,  Nov.  4,  1904). 

Block  18  (containing  17  tracts,  lettered  from  "A"  to  "  Q,"  inclusive) : 
Tract  "A."  Deed  from  Phoenix  Mutual  Life  Insurance  Com- 
pany, dated  December  22,  1906,  conveying  this  tract ;  recorded 
in  book  162,  page  307,  of  £ame  records. 
Tract  "  B."  Condemnation ;  same  as  lot  2,  block  1,  supra. 
Tract  "  C."  Deed  from  Joseph  Delhaye  et  ux.,  dated  April  13, 

1907,  conveying  this  tract;  recorded  in  book  165,  page  25,  of 
same  records. 

Tract  "  D."  Deed  from  Frank  J.  Hawkins  et  ux.,  dated  Septem- 
ber 24, 1906,  conveying  tract  "  D  "  of  block  18,  and  tract  "  W  r 
of  block  19 ;  recorded  in  book  137,  page  554,  of  same  records ; 
and  quitclaim  deed  from  Emil  Rudolph  et  ux.,  dated  Novem- 
ber 5,  1906,  covering  tract  "  D  "  of  block  18 ;  recorded  in  book 
149,  page  273,  of  same  records. 

Tract  "  E."  Condemnation ;  same  as  lot  2,  block  1,  supra.  And 
deed  from  E.  Ashley  Mears  et  al.,  dated  June  6,  1907,  con- 
veying tract  "  E  " ;  recorded  in  book  166,  page  222,  of  same 
records. 

Tract  "  F."  Deed  from  Otto  C.  Butz  et  ux.,  dated  September  24, 
1906,  conveying  tract  "F";  recorded  in  book  137,  page  548, 
of  same  records. 

Tract  "  G."  Deed  from  Annie  Johnson  et  vir,  dated  October  10, 
1906,  conveying  tract  "G";  recorded  in  book  137,  page  638, 
of  same  records. 

Tract  "  H."  Deed  from  John  Johnson,  dated  September  20, 1906, 
conveying  tract  "  H  " ;  recorded  in  book  137,  page  637,  of  same 
records. 

Tract  "  I."  Deed  from  Emil  Rudolph  et  ux.,  dated  May  14, 1907, 
conveying  tract  "  I " ;  recorded  in  book  137,  page  603,  of  same 
records. 

Tract  "  J."  Condemnation ;  same  as  lot  2,  block  1,  supra. 

Tract  "  K."  Deed  from  Mary  Davis  et  vir,  dated  June  15,  1907, 
conveying  tract  "  K  ";  recorded  in  book  165,  page  103,  of  same 
records.  Also,  condemnation;  same  as  lot  2,  block  1,  supra. 


120  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

Block  18  (containing  17  tracts,  etc.) — Continued. 

Tract  "L."  Deed  from  Nellie  Matthews,  dated  July  10,  1907, 
conveying  tract  "L";  recorded  in  book  163,  page  88,  of  same 
records ;  and  quitclaim  deed  from  Julia  Weinacht  et  vir,  dated 
June  30,  1907,  covering  same  tract;  recorded  in  book  149, 
>age  394,  of  same  records.  Also,  condemnation;  same  as  lot 
},  block  1,  supra. 

Tract  "  M."  Deed  from  William  F.  Hogan  et  ux.,  dated  June  7, 
1907,  conveying  tract  "M";  recorded  in  book  165,  page  100, 
of  same  records;  and  quitclaim  deed  from  E.  Ashley  Mears 
et  ux.,  dated  June  6,  1907,  covering  same  tract;  recorded  in 
book  166,  page  210,  of  same  records;  also  releases  of  Joseph 
E.  Burchell,  trustee,  dated  June  10,  1907,  covering  same 
tract;  recorded,  respectively,  in  book  177,  page  75,  and  book 
148,  page  384,  of  same  records.  Also,  condemnation;  same  as 
lot  2,  block  1,  supra. 

Tract  "N."  Condemnation;  same  as  lot  2,  block  1,  supra. 

Tract  "O."  Condemnation;  same  as  lot  2,  block  1,  supra. 

Tract  "P."  Deed  from  Logan  Council  Building  &  Loan  Asso- 
ciation, dated  August  15, 1907,  conveying  tract  "  P  " ;  recorded 
in  book  167,  page  33,  of  same  records.  Also,  condemnation; 
same  as  lot  2,  block  1,  supra.  • 

Tract  "  Q."  Deed  from  Emil  Rudolph  et  ux.,  dated  September 
23,  1907,  conveying  tract  "*Q";  recorded  in  book  165,  page 
110,  of  same  records.     Also,  condemnation;  same  as  lot  2, 
block  1,  supra. 
Block  19  (16  tracts) : 

Tract  "  R."  Condemnation ;  same  as  lot  2,  block  1,  supra. 

Tract  "Ra."  Deed  from  the  Chicago  Title  &  Trust  Company, 
trustee,  dated  August  6,  1906,  conveying  tracts  "Ra,"  "  X," 
"A,"  and  "Da"  of  block  19,  and  tracts  "  J,"  "  F,"  and  "E" 
of  block  20;  recorded  in  book  162,  page  146,  of  same  records. 

Tract  "  S."  Deed  from  Francis  C.  Foster  et  ux.,  dated  September 
28,  1906,  conveying  tract  "S";  recorded  in  book  162,  page 
296,  of  same  records. 

Tract  "T."  Deed  from  Josephine  E.  Prall,  dated  October  8, 
1906,  conveying  tract  "  T  " ;  recorded  in  book  165,  page  14,  of 
same  records ;  and  quitclaim  deed  from  Reginald  G.  R.  Carne 
et  ux.,  dated  June  26,  1907,  covering  same  tract;  recorded  in 
book  149,  page  333,  of  same  records. 

Tract  "  T8."    Condemnation;  same  as  lot  2,  block  1,  supra. 

Tract  "  U."    Condemnation ;  same  as  lot  2,  block  1,  supra. 

Tract  "  V."  Deed  from  the  Hartford  Theological  Seminary, 
dated  March  11,  1907,  conveying  tracts  "V"  and  "D"  of 
block  19,  and  tract  "  I "  of  block  20 :  recorded  in  book  166, 
page  95,  of  same  records. 

Trast  "  Va."  Deed  from  the  Chicago  Title  &  Trust  Co.,  trustee, 
dated  August  6,  1906,  conveying  tract  "  Va ";  recorded  in 
book  162,  page  144,  of  same  records;  and  quitclaim  deed  from 
Frank  P.  Hawkins  et  ux.,  dated  October  11,  1906,  covering 
same  tract;  recorded  in  book  149,  page  256,  of  same  records 

Tract  "  W."  See  tract  "  D  "  of  block  18,  supra ;  also  condemna- 
tion; same  as  lot  2,  block  1,  supra. 


ILLINOIS.  121 

Block  19  (16  tracts)— Continued. 

Tract  "  X."  See  tract  "  Ra,"  supra. 

Tract  "  Xa."    Condemnation ;  same  as  lot  2,  block  1,  supra. 

Tract  "A."  See  tract  "  Ra,"  supra. 

Tract  "  B."    Condemnation ;  same  as  lot  2,  block  1,  supra. 

Tract  "  C."    Condemnation;  same  as  lot  2,  block  1,  supra.     Also, 

deed  from  John  R.  Coyne,  trustee,  dated  October  31,  1907, 

conveying  tract  "  C  ";  recorded  in  book  165,  page  170,  of  same 

records. 

Tract  "  D."  See  tract  "  V,"  supra. 
Tract  "  Da."  See  tract  "  Ra,"  supra. 
Block  20  (containing  6  tracts)— 

Tract  "  E."  See  tract  "  Ra  "  of  block  19,  supra. 

Tract  "  F."  See  tract  "  Ra  "  of  block  19,  supra. 

Tract  "  G."    Condemnation ;  same  as  lot  2,  block  1,  supra. 

Tract  "  H."    Deed  from  Gustave  Pabst  et  ux.,  dated  February 

25,  1907,  conveying  tract  "H";  recorded  in  book  165,  page  8, 

of  same  records. 

Tract  "  I."  See  Tract  "  V  "  of  block  19,  supra. 
Tract  "  J."  See  Tract  "  Ra  "  of  block  19,  supra. 

D. — BLOCK  13,  PLAT  "  D,"  OF  HIGHWOOD,  EVERETTS  AND  MEARS  SUBDIVISION. 

Deed  from  Otto  R.  Hansen  and  May  Catlin  Hansen,  his  wife, 
dated  November  30,  1910,  conveying  all  of  said  block;  recorded  in 
book  173,  page  337,  of  same  records. 

By  act  of  May  27,  1908  (35  Stat.,  364),  provision  was  made  for 
the  purchase  of  a  triangular  tract  of  land  on  Lake  Michigan  adja- 
cent to  the  north  line  of  the  Fort  Sheridan  Reservation,  as  described 
therein,  and  containing  11.5  acres,  more  or  less.  Under  this  authority 
title  was  acquired  by  the  following  deed : 

Deed  from  Rebecca  P.  McNeill  et  vir,  dated  February  26,  1909, 
conveying  12.14  acres ;  recorded  in  book  170,  page  14,  of  same  records. 

Revocable  licenses. — December  20,  1904,  to  the  Chicago  Telephone 
Co.  for  a  telephone  system. 

May  29,  1905,  to  Indiana  Transportation  Co.;  July  28,  1905,  to 
Northern  Michigan  Transportation  Co.;  July  21,  1906,  to  Chicago 
Northern  Navigation  Co. ;  and  May  13,  1910,  to  the  Chicago  &  South 
Haven  Steamship  Co.,  for  landing  vessels  at  Government  pier. 

October  6,  1906,  to  Chicago. Telephone  Co.  for  "  underground  con- 
duit and  a  pole  telephone  line  east  of  the  proposed  new  highway 
in  parkway,"  through  the  reservation  and  "the  proposed  addition 
thereto." 

May  15,  1906,  to  Chicago  &  Milwaukee  Electric  Railway  Co.  for 
maintenance  of  tracks  on  highway  adjoining  Chicago  &  Northwest- 
ern Railway  Co.,  and  upon  acquisition  of  proposed  addition  to  reser- 
vation to  construct  and  maintain  thereon  a  passenger  station  ad- 
joining proposed  right  of  way  to  be  acquired  by  said  company. 

August  19,  1907,  to  the  city  of  Highland  Park,  111.,  to  connect  its 
water  main  supply  line  with  the  water  main  of  the  post. 

August  30,  1910,  to  the  North  Shore  Consolidated  Gas  Co.  to  lay 
and  maintain  gas  mains  through  the  reservation. 

July  23, 1913,  to  the  Old  Elm  Club,  of  Chicago,  111.,  to  lay  a  6-inch 
water  main  upon  and  across  the  reservation. 


122  UNITED   STATES    MILITAKY    RESERVATIONS,  ETC. 

March  16,  1915,  to  the  Chicago  Rifle  Club  to  use  the  rifle  range  on 
the  reservation  for  target  practice. 

May  24,  1915,  to  the  Chicago  Gun  Club  to  use  rifle  range  for  same 
purpose. 

November  17,  1915,  to  Battery  C.  Organized  Militia  of  Illinois, 
to  occupy  one  of  the  artillery  barracks,  a  gun  shed,  and  the  riding 
hall. 

Jurisdiction. — By  an  act  of  the  State  legislature,  approved  June 
6,  1887,  consent  to  the  purchase  of  the  original  reservation  was  given 
and  jurisdiction  ceded  as  follows: 

SECTION  1.  Be  it  enacted,  etc.,  That  the  consent  of  the  State  of  Illinois  is 
hereby  given  to  the  acquiring  of  title  by  the  United  States,  by  purchase  or 
otherwise,  to  the  following  described  real  estate  or  any  portion  thereof  situ- 
ated in  the  County  of  Lake  [here  describes  the  real  estate  conveyed  by  deeds  of 
Oct.  6,  1887,  supra]. 

SEC.  2.  The  jurisdiction  of  the  State  of  Illinois  in  and  over  the  said  property, 
or  such  part  thereof  as  the  United  States  may  so  acquire  title  to,  shall  be,  and 
the  same  hereby  is  ceded  to  the  United  States,  subject  to  the  restrictions  here- 
inafter mentioned. 

SEC.  3.  The  said  consent  is  given,  and  the  said  jurisdiction  ceded  upon  the 
express  condition  that  the  State  of  Illinois  shall  retain  a  concurrent  jurisdiction 
with  the  United  States  in  and  over  the  said  property  so  far  as  that  the  execu- 
tion of  all  civil  and  criminal  processes  which  may  issue  under  the  laws  or  au- 
thority of  the  State  of  Illinois  shall  be  allowed  thereon  on  application  to  the 
officer  of  the  United  States  in  charge  thereof  in  the  same  way  and  manner  as 
if  such  consent  had  not  been  given  or  jurisdiction  ceded,  except  so  far  as  such 
processes  may  affect  the  real  or  personal  property  of  the  United  States. 

SEC.  4.  The  jurisdiction  hereby  ceded  shall  not  vest  in  any  respect  to  any 
portion  of  said  real  estate  until  the  United  States  shall  have  acquired  the  title 
thereto  by  purchase  or  otherwise. 

SEC.  5.  The  said  property,  when  acquired  by  the  United  States,  and  so  long 
as  the  same  shall  remain  the  property  of  the  United  States  and  be  used  for 
public  purposes,  and  no  longer,  shall  be  and  continue  exonerated  and  discharged 
from  all  taxes,  assessments,  and  other  charges  which  may  be  levied  or  imposed 
under  the  authority  of  this  State.  (Illinois  Stats.,  1898,  p.  1522a,  sec.  10.) 

See  also  "  General  acts  of  cession." 

WOODLAND    CEMETERY,    "  SOLDIER'S   LOT." 

This  property  is  situated  in  Quincy,  Adams  County,  and  is  known 
as  lot  No.  33,  in  block  1,  in  Woodland  Cemetery. 

Title. — Deed  from  John  Wood,  attorney  in  fact,  etc.,  dated  Feb- 
ruary 12,  1870,  conveying  the  above  lot.  Recorded  in  book  1  of 
cemetery  lots,  pages  70  and  71,  of  the  deed  records  at  Quincy,  Adams 
County. 

Jurisdiction. — See  "  General  acts  of  cession." 

INDIANA. 

GENERAL    ACTS    OF    CESSION. 

SECTION  1.  Be  it  enacted,  etc.,  That  the  jurisdiction  of  this  State  is  hereby 
ceded  to  the  United  States  of  America  over  all  such  pieces  or  parcels  of  land 
within  the  limits  of  this  State  as  have  been  or  shall  hereafter  be  selected  and 
acquired  by  the  United  States  for  the  purpose  of  erecting  post-offices,  custom- 
houses, or  other  structures  exclusively  owned  by  the  General  Government  and 
used  for  its  purposes :  Provided,  That  an  accurate  description  and  plat  of  such 
lands  so  acquired,  verified  by  the  oath  of  some  officer  of  the  General  Government 
having  knowledge  of  the  facts,  shall  be  filed  with  the  Governor  of  this  State: 
And  provided  further,  That  this  cession  is  upon  the  express  condition  that  the 


INDIANA.  123 

State  of  Indiana  shall  so  far  retain  concurrent  jurisdiction  with  the  United 
States  in  and  over  all  lands  acquired  or  hereafter  acquired  as  aforesaid;  that 
all  civil  and  criminal  process  issued  by  any  court  of  competent  jurisdiction,  or  of- 
ficer having  authority  of  law  to  issue  such  process ;  and  all  orders  made  by  such 
court  or  any  judicial  officer  duly  empowered  to  make  such  orders  and  necessary 
to  be  served  upon  any  person,  may  be  executed  upon  said  lands,  and  in  the 
buildings  that  may  be  erected  thereon,  in  the  same  way  and  manner  as  if  juris- 
diction had  not  been  ceded  as  aforesaid. 

SEC.  2.  The  lands  aforesaid,  when  so  acquired,  shall  forever  be  exempt  from 
all  taxes  and  assessments  so  long  as  the  same  shall  remain  the.  property  of  the 
United  States.  (Approved  Jan.  25,  1883.  Indiana  Stats.,  1894,  sec.  7147.) 

As  to  jurisdiction  over  national  cemeteries,  see  the  following  act 
of  Congress,  approved  July  1, 1870  (16  Stat.,  188) : 

SECTION  1.  Be  it  enacted,  etc.,  That  from  the  time  any  State  legislature  shall 
have  given,  or  shall  hereafter  give,  the  consent  of  such  State  to  the  purchase  by 
the  United  States  of  any  National  Cemetery  mentioned  in  the  act  entitled  "An 
Act  to  establish  and  protect  national  cemeteries,"  approved  February  twenty- 
second,  eighteen  hundred  and  sixty-seven,  the  jurisdiction  and  power  of  legis- 
lation of  the  United  States  over  such  cemetery  shall  in  all  courts  and  places 
be  held  to  be  the  same  as  is  granted  by  Section  eight,  Article  one,  of  the  Con- 
stitution of  the  United  States ;  and  all  the  provisions  of  said  act  of  February 
twenty-second,  eighteen  hundred  and  sixty-seven,  shall  be  applicable  to  the 
same. 

FORT  BENJAMIN  HARRISON. 

This  reservation  is  situated  about  9  miles  northeast  of  Indianapolis, 
in  Marion  County.  It  originally  contained  1,994.17  acres,  with  metes 
and  bounds  as  announced  in  G.  O.  117,  W.  D.,  January  28,  1904.  By 
authority  of  the  acts  approved  May  27,  1908  (35  Stat,  364),  and 
February  9,  1909  (Id.  615),  tracts  aggregating  423.642  acres  were 
added  to  the  reservation,  increasing  its  area  to  2,417.812  acres.  It  was 
established  by  authority  of  act  of  Congress  approved  March  3,  1903 
(32  Stat,  1129). 

Title. — 1.  Deed  from  William  V.  Baker  and  wife,  dated  April  16, 
1903,  conveying  61.87  acres.  Recorded  in  land  record  43,  page  2,  of 
the  records  of  Marion  County. 

2.  Deed  from  Albert  I.  Baker  and  wife,  dated  April  18,  1903,  con- 
veying 48.87  acres.    Recorded  in  land  record  43,  page  21,  of  same 
records. 

3.  Deed  from  Clara  O.  Summers  and  husband,  et  al.,  dated  July 
29,  1903,  conveying  18  acres.    Recorded  in  land  record  43,  page  31, 
of  same  records. 

4.  Deed  from  Francis  M.  Louden  and  wife,  dated  August  7,  1903, 
conveying  43.52  acres.    Recorded  in  land  record  43,  page  26,  of  same 
records. 

5.  Deed  from  James  G.  Russell,  dated  August  11,  1903,  conveying 
6  acres.    Recorded  in  land  record  43,  page  33,  of  same  records. 

6.  Deed  from  Lydia  B.  Thomas,  dated  August  11,  1903,  conveying 
30.12  acres.    Recorded  in  land  record  43,  page  27,  of  same  records. 

7.  Deed  from  Mary  A.  Baker,  dated  August  11,  1903,  conveying 
24.04  acres.    Recorded  in  land  record  43,  page  8,  of  same  records. 

8.  Deed  from  James  H.  Thomas  and  wife,  dated  August  11,  1903, 
conveying  49.50  acres.    Recorded  in  land  record  43,  page  13,  of  same 
records. 

•9.  Deed  from  John  N.  Reddick  and  wife,  dated  August  11,  1903, 
conveying  56.60  acres.  Recorded  in  land  record  43,  page  25,  of  same 
records. 


124  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

10.  Deed  from  Sarah  C.  Baker,  dated  August  11,  1903,  conveying 
87.56  acres.    Kecorded  in  land  record  43,  page  6,  of  same  records. 

11.  Deed  from  Frank  Baker,  dated  August  11,  1903,  conveying 
39.35  acres.    Recorded  in  land  record  43,  page  4,  of  same  records. 

12.  Deed  from  Nellie  G.  Baker  and  husband,  dated  August  11, 1903, 
conveying  64.81  acres.    Recorded  in  land  record  43,  page  9,  of  same 
records. 

13.  Deed  from  Murray  F.  Hill  and  wife,  dated  August  11,  1903, 
conveying  20  acres.    Recorded  in  land  record  43,  page  14,  of  same 
records. 

14.  Deed  from  John  R.  Harper  and  wife,  dated  August  11,  1903. 
conveying  97.48  acres.    Recorded  in  land  record  43,  page  24,  of  same 
records. 

15.  Deed  from  Robert  E.  Poindexter  and  wife,  dated  August  11, 
1903,  conveying  71.34  acres.     Recorded  in  land  record  43,  page  10, 
of  same  records. 

16.  Deed  from  Jesse  H.  Herrin  and  wife,  dated  August  11,  1903, 
conveying  16.60  acres.    Recorded  in  land  record  43,  page  29,  of  same 
records. 

17.  Deed  from  Francis  M.  Kimberlin  and  wife,  dated  August  12, 
1903,  conveying  68.52  acres.    Recorded  in  land  record  43,  page  12, 
of  same  records. 

18.  Deed  from  Francis  M.  Kimberlin  and  wife,  dated  August  12, 
1903,  conveying  7.04  acres.    Recorded  in  land  record  43,  page  11,  of 
same  records. 

19.  Deed  from  Samuel  A.  Michael  and  wife,  dated  August  12, 1903, 
conveying  49.77  acres.    Recorded  in  land  record  435  page  28,  of  same 
records. 

20.  Deed  from  Anton  L.  Witte  and  wife,  dated  August  14,  1903, 
conveying  54.31  acres.    Recorded  in  land  record  43,  page  18,  oi  same 
records. 

21.  Deed  from  John  W.  Gibson  and  wife,  dated  August  14,  1903, 
conveying  40.43  acres.    Recorded  in  land  record  43,  page  34,  of  same 
records. 

22.  Deed  from  Abraham  R.  Nicholas  and  wife,  dated  August  14, 
1903,  conveying  220.96  acres.    Recorded  in  land  record  43,  page  16, 
of  same  records. 

23.  Deed  from  Charles  F.  Witte  and  wife,  dated  August  15,  1903, 
conveying  20  acres.     Recorded  in  land  record  43,  page  17,  of  same 
records. 

24.  Deed  from  Cory  E.  Kane  and  husband,  dated  August  17,  1903, 
conveying  40.53   acres.     Recorded  in  land  record  43,  page  22,  of 
same  records. 

25.  Deed  from  Mary  E.  Kidwell  and  husband,  et  al.,  dated  August 
21,  1903,  conveying  an  undivided  seventeen-twentieths  of  89.98  acres. 
Recorded  in  land  record  43,  page  37,  of  same  records.     (See  Nos. 
36,  37,  and  38,  infra.) 

26.  Deed  from  John  N.  Baker  and  wife,  dated  August  25,  1903, 
conveying  29.01  acres.     Recorded  in  land  record  43,  page  7,  of  same 
records. 

27.  Deed  from  John  L.  Brown  and  wife,  dated  August  27,  1903, 
conveying  80  acres.     Recorded  in  land  record  43,  page  23,  of  same 
records. 


INDIANA.  125 

28.  Deed  from  Owen  E.  Day  and  wife,  dated  August  27,  1903, 
conveying  33.21  acres.     Eecorded  in  land  record  43,  page  30,  of 
same  records. 

29.  Deed  from  Mary  Ann  Eeddick,  dated  August  27,  1903,  convey- 
ing 4  acres.     Eecorded  in  land  record  43,  page  20,  of  same  records. 

30.  Deed  from  Lawson  Eeddick  and  wife,  dated  August  27,  1903, 
conveying  1  acre.     Eecorded  in  land  record  43,  page  19,  of  same 
records. 

31.  Deed  from  Lewis  E.  Baker  and  wife,  dated  August  29,  1903, 
conveying  51.27  acres.     Eecorded  in  land  record  43,  page  5,  of  same 
records. 

32.  Deed  from  Harriet  H.  Spees,  dated  August  31, 1903,  conveying 
93.84  acres.     Eecorded  in  land  record  43,  page  15,  of  same  records. 

33.  Deed  from  Eliza  A.  Welmington  et  al.,  dated  August  31,  1903, 
conveying  60.62  acres,  except  two  rights  of  way.     Eecorded  in  land 
record  43,  page  35,  of  same  records. 

34.  Deed  from  Noah  Spees  and  wife,  dated  September  5, 1903,  con- 
veying 48  acres.     Eecorded  in  land  record  43,  page  36,  of  same 
records. 

35.  Deed  from  Eobert  H.  Acre  and  wife,  dated  September  8,  1903, 
conveying  8.35  acres.     Eecorded  in  land  record  43,  page  32,  of  same 
records. 

36.  Guardian's  deed  from  Annie  McCormick,  dated  September  23^ 
1903,  conveying  the  undivided  one-twentieth  of  certain  land  therein 
described,     Eecorded  in  land  record  43,  page  3,  of  same  records. 

37.  Guardian's  deed  from  Louisa  McCormick,  dated  October  3, 

1903,  conveying  the  undivided  one-twentieth  of  certain  land  therein 
described.     Eecorded  in  land  record  43,  page  38,  of  same  records. 

38.  Guardian's  deed  from  Charles  A.  Offenbacker,  dated  October 
15,  1903,  conveying  the  undivided  one-twentieth  of  89.98  acres.     Ee- 
corded in  land  record  45,  page  39,  of  same  records. 

39.  Quit-claim  deed  from  Samuel  T.  Beaver,  trustee,  etc.,  dated 
February  4,  1904,  conveying  1  acre.     Eecorded  in  land  record  42, 
page  491,  of  same  records. 

40.  Deed  from  Mary  A.  Eoberts  and  husband,  dated  February  27, 

1904,  conveying  259.34  acres.     Eecorded  in  land  record  43,  page  40, 
of  same  records. 

The  title  to  the  tracts  purchased  by  authority  of  the  acts  of  May 
27,  1908,  and  February  9,  1909,  supra,  was  acquired  through  con- 
demnation proceedings  under  decrees  of  the  United  States  circuit 
court  for  the  District  of  Indiana  as  follows : 

1.  Decree,  dated  June  22,  1909,  in  case  of  No.  10919,  covering  90.68 
acres,  property  of  Willis  C.  Davis  and  Laura  J.  Davis.     Eecorded 
in  record  52,  page  264.  in  the  recorder's  office,  Marion  county. 

2.  Decree,  dated  August  26,  1909,  in  case  No.  10920,  covering  9.55 
acres,  property  of  William  W.  Daugherty  et  al.    Eecorded  in  record 
453,  page  390,  same  records. 

3.  Decree,  dated  June  22,  1909,  in  case  No.  10921,  covering  part  of 
same  premises  (No.  2,  supra),  property  of  Ella  Brandenburger  et  al. 
Eecorded  in  record  453,  page  410,  of  same  records. 

4.  Decree,  dated  June  22,  1909,  in  case  No.  10922,  covering  part 
of  same  premises  (No.  2,  supra),  property  of  F.  G.  Wirt  et  al.    Ee- 
corded in  record  453,  page  400,  of  same  records. 


126  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

5.  Decree,  dated  June  22,  1909,  in  case  No.  10923,  covering  50.72 
acres,  property  of  Mary  J.  Gant.     Recorded  in  record  52,  page  270, 
of  same  records. 

6.  Decree,  dated  June  22,  1909,  in  case  No.  10924,  covering  three 
tracts  aggregating  47.14  acres — one  tract   (16.19   acres)    being  the 
property  of  Jesse  Johnson  et  al. ;  one  tract   (10  acres)   being  the 
property  of  Fernanda  J.  Herrin  et  al. ;  and  one  tract  (20.95  acres) 
being  the  property  of  John  Herrin  et  al.     Recorded  in  record  52, 
page  208,  of  same  records. 

7.  Decree,  dated  June  22,  1909,  in  case  No.  10925,  covering  19.79 
acres,  property  of  Owen  E.  Day  et  al.     Recorded  in  record  52,  page 
222,  of  same  records. 

8.  Decree,  dated  June  22,  1909,  in  case  No.  10926,  covering  21.45 
acres,  property  of  George  Newhouse  et  al.     Recorded  in  record  52, 
page  216,  of  same  records. 

9.  Decree,  dated  June  22,  1909,  in  case  No.  10927,  covering  1.18 
acres,  property  of  Margaret  Offenbacher  et  al.     Recorded  in  record 
52,  page  230,  of  same  records. 

10.  Decree,  dated  June  22,  1909,  in  case  No.  10928,  covering  0.11 
acre,  property  of  Noah  Mock  et  al.     Recorded  in  record  52,  page  236, 
of  same  records. 

11.  Decree,  dated  June  22,  1909,  in  case  No.  10930,  covering  20 
acres,  property  of  Francis  M.  Louden.     Recorded  in  record  52,  page 
242,  of  same  records. 

12.  Decree,  dated  June  22,  1909,  in  case  No.  10931,  covering  49.26 
acres,  property  of  Owen  E.  Day  et  al.     Recorded  in  record  52,  page 
247,  of  same  records. 

13.  Decree,  dated  June  22,  1909,  in  case  No.  10932,  covering  19.93 
acres,  property  of  Samuel  A.  Michael  et  al.     Recorded  in  record  52, 
page  253,  of  same  records. 

14.  Decree,  dated  June  22,  1909,  in  case  No.  10933,  covering  40.11 
acres,  property  of  John  Fouts  et  al.    Recorded  in  record  52,  page 
259,  of  same  records. 

15.  Decree,  dated  April  10,  1911,  in  case  No.  10929,  covering  3.29 
acres,  and  0.06  acre,  property  of  the  Indiana  Union  Traction  Co. 
et  al.,  reserving  railway  property  and  subject  to  extension  of  license 
covering  right  of  way  over  the  premises.     Recorded  in  record  55, 
page  57,  of  same  records. 

16.  Decree,  dated  March  10, 1911,  in  case  No.  11118,  covering  30.212 
acres,  property  of  George  M.  Mcllvain  et  al.    Recorded  in  record  55, 
page  47,  of  same  records. 

17.  Decree,  dated  October  15, 1912,  in  case  No.  7271,  covering  20.16 
acres,  property  of  Francis  M.  Kimberlin,  Sarah  M.  Kimberlin,  et  al. 
Recorded  in  record  58,  page  515,  of  same  records. 

Revocable  licenses. — June  28,  1904,  to  the  Indiana  Union  Trac- 
tion Co.  to  construct,  maintain,  and  operate  a  temporary  track  on 
the  reservation. 

July  14,  1906,  to  same  for  electric  railway  on  the  reservation. 

April  22,  1907,  to  same,  amending  license  of  July  14,  1906,  so  as 
to  authorize  the  licensee  to  lay  and  maintain  a  storage  track  in  con- 
nection with  its  electric  railway. 

June  14,  1911,  to  the  Cleveland,  Cincinnati,  Chicago  &  St.  Louis 
Railway  Co.  to  maintain  its  railway  side  tracks  in  connection  with 
the  maneuver  camps  on  the  reservation. 


INDIANA.  127 

January  18,  1912,  to  the  Lawrence  Telephone  Co.  to  connect  its 
switchboard  with  the  Signal  Corps  swithboard. 

Jurisdiction. — See  act  of  January  25,  1883,  under  "  General  acts 
of  cession,"  ante.  Plats  and  descriptions  filed  as  required  by  said' 
act  May  5,  1909,  and  March  5,  1915. 

CROWN   HILL  NATIONAL  CEMETERY. 

This  reservation  is  situated  in  Center  Township,  Marion  County, 
near  Indianapolis,  and  contains  1.37  acres.  It  was  established  as  a 
national  cemetery  in  1866,  and  is  described  as  section  10  on  the  plat 
of  the  Crown  Hill  Cemetery,  as  recorded  in  the  office  of  the  recorder 
of  said  county. 

Title. — Deed  from  the  Crown  Hill  Cemetery  (a  corporation), 
dated  August  27,  1866,  conveying  the  above  property.  Recorded  in 
the  Crown  Hill  Cemetery  records,  book  1,  page  6,  February  18,  1867. 

Jurisdiction. — See  act  of  Congress  approved  July  1,  1870,  as  set 
out  under  title  "  General  acts  of  cession." 

GREEN   LAWN    CEMETERY. 

This  reservation  is  situated  in  the  city  of  Indianapolis,  Marion 
County,  and  comprises  an  area  of  0.5  acre.  It  contains  the  remains 
of  the  Confederate  soldiers  who  died  in  this  locality  as  prisoners 
of  war. 

Title. — 1.  Deed  from  the  Terre  Haute  &  Indianapolis  Railroad  Co., 
dated  June  15,  1870,  conveying  lots  Nos.  8,  9,  10,  11,  12,  13,  14,  15, 
16,  17,  18,  19,  79,  80,  81,  82,  83,  84,  85,  86,  87,  88,  89,  90,  125,  126,  127, 
128, 129, 130,  131, 133,  and  135  of  section  D,  and  lots  Nos.  2,  4,  6,  8, 10, 
12,  14, 16,  17,  18,  19,  20,  21,  22,  23,  24,  25,  26,  27,  28,  29,  30,  31,  32,  33, 
34,  35,  36,  37,  and  38  in  section  F,  according  to  the  plot  of  said  ceme- 
tery recorded  in  the  office  of  the  recorder  of  Marion  County.  Re- 
corded in  record  414,  page  455,  recorder's  office,  Marion  County. 

2.  Deed  from  the  Vanidalia  Railroad  Co.,  successor  to  above,  dated 
October  11,  1909,  conveying  lots  2.  5,  6,  7,  and  120,  and  parts  of  lots 
132,  134,  207,  208,  and  209,  of  section  D,  and  lots  1,  3,  5,  7,  9,  11,  13, 
and  15  of  section  F,  together  with  driveway  and  paths.  Recorded  in 
land  records  455,  page  1,  of  same  records. 

Jurisdiction. — See  act  of  Congress  approved  July  1,  1870,  as  set 
out  under  title  "  General  acts  of  cession." 

JEFFERSONVILLE    DEPOT. 

This  reservation  is  located  in  Jeffersonville,  Clark  County,  and 
contains  an  area  of  17.40  acres. 

Title. — Deed  from  the  city  of  Jeffersonville,  dated  December  2, 
1870,  conveying  the  17.40  acres  above  mentioned,  being  all  of  blocks 
120,  121,  124,  and  Jefferson  Square,  in  said  city  of  Jeffersonville, 
together  with  the  parts  of  streets  dividing  said  blocks  and  squares. 
Recorded  in  the  recorder's  office  in  book  No.  61,  pages  183,  184,  and 
185,  of  the  deed  records  of  Clark  County. 

Jurisdiction. — Ceded  to  the  United  States  by  joint  resolution  No. 
2  of  1871,  which  is  as  follows: 

Whereas  the  City  of  Jeffersonville,  Indiana,  has  granted  and  conveyed  to 
the  United  States  the  premises  hereinafter  described  for  military  purposes; 
and  whereas,  under  existing  laws,  no  permanent  buildings  can  be  erected 

12925°— 16 9 


128  UNITED    STATES    MILITARY   RESERVATIONS,  ETC. 

thereon  by  the  General  Government  until   the   State  of  Indiana  shall  have 
ceded  to  the  United  States  her  jurisdiction  over  the  same:  Now,  therefore, 

Be  it  Resolved,  That  the  State  of  Indiana  hereby  relinquishes  and  cedes  to 
the  United  States  all  the  rights  and  jurisdiction  which  she  now  possesses  over 
the  following  described  premises  so  long  as  said  premises  shall  continue  to  be 
used  by  the  United  States  for  military  purposes.  (Premises  described  by  courses 
and  distances  and  as  "containing  seventeen  and  four-tenths  (17.4)  acres,  more 
or  less.") 

See  also  "  General  acts  of  cession." 

NEW   ALBANY   NATIONAL   CEMETERY. 

This  cemetery  is  situated  near  the  city  of  New  Albany  in  Floyd 
County  and  contains  5.46  acres. 

Title. — Deed  from  Charles  Bowman  and  wife,  dated  December 
15,  1862,  conveying  5.46  acres.  Recorded  in  deed  book  No.  10,  pages 
144  and  145,  of  the  deed  records  of  Floyd  County. 

Jurisdiction. — See  act  of  Congress  approved  July  1,  1870,  as  set 
out  under  title  "  General  acts  of  cession." 

WOODLAWN  CEMETERY    (LOT  IN). 

This  lot  is  situated  in  the  above  cemetery  in  Terre  Haute,  Tnd. 
It  was  purchased,  and  exclusive  use  of  the  same  was  conveyed  to 
the  United  States  April  10,  1912,  by  the  controller  of  the  city  "  for 
the  purpose  of  erecting  a  monument  to  the  Confederate  dead." 

IOWA. 

GENERAL  ACTS  OF  CESSION. 

SECTION  I.  Be  it  enacted,  etc.,  That  whenever  the  title  to  any  real  property, 
situated  within  the  State  of  Iowa,  shall  become  vested  in  the  United  States  of 
America,  to  be  used  as  a  barracks,  drill-ground,  or  fort,  or  for  other  military 
purposes,  the  full  exclusive,  and  complete  jurisdiction  is  hereby  granted  and 
ceded  to  the  United  States  of  America  over  such  real  property,  and  full  con- 
sent to  the  acquisition  of  such  real  property  is  hereby  given  and  granted  by 
the  State  of  Iowa  to  the  United  States,  and  all  jurisdiction  of  the  State  of  Iowa 
over  such  real  property  is  hereby  ceded  and  surrendered.  All  claims  or  right 
to  levy  taxes  against  said  real  property  is  also  hereby  fully  released  and  sur- 
rendered. (Approved  Apr.  4,  1900.  Laws  of  Iowa,  1900,  p.  134.) 

SECTION  I.  Be  it  enacted,  etc.,  That  the  consent  of  the  State  of  Iowa  is  hereby 
given,  in  accordance  with  the  seventeenth  clause,  eighth  section,  of  the  first 
article  of  the  Constitution  of  the  United  States,  by  purchase,  condemnation,  or 
otherwise,  of  any  land  in  this  state  required  for  sites  for  custom  houses,  court- 
houses, post  offices,  arsenals,  or  other  public  buildings  whatever,  or  for  any 
other  purposes  of  the  government. 

SEC.  II.  That  exclusive  jurisdiction  in  and  over  any  land  so  acquired  by  the 
United  States  shall  be,  and  the  same  is  hereby  ceded  to  the  United  States,  for 
all  purposes  except  the  serving  upon  such  sites  of  all  civil  and  criminal  processes 
of  the  courts  of  this  state ;  but  the  jurisdiction  so  ceded  shall  continue  no  longer 
than  the  United  States  shall  own  such  lands. 

SEC.  III.  The  jurisdiction  ceded  shall  not  vest  until  the  United  States  shall 
have  acquired  title  to  the  said  lands  by  purchase,  condemnation  or  otherwise; 
and  so  long  as  the  said  lands  shall  remain  the  property  of  the  United  States 
when  acquired  as  aforesaid,  and  no  longer,  the  same  shall  be  and  continue  exempt 
and  exonerated  from  all  state,  county  and  municipal  taxation,  assessment  or 
other  charges'  which  may  be  levied  or  imposed  under  the  authority  of  this  state. 
(Approved  Mar.  27,  1902.  Laws  of  Iowa,  1902,  p.  165.) 


IOWA.  129 

FORT   DES   MOINES. 

This  reservation  is  situated  near  the  city  of  Des  Moines,  Iowa,  and 
contains  an  area  of  640  acres.  It  embraces  the  east  half  of  section  33 
and  the  west  half  of  section  34,  in  township  78  north,  range  24  west 
of  the  fifth  principal  meridian. 

It  was  acquired  under  acts  of  Congress  approved  April  4,  1900 
(31  Stat.  59),  and  May  27,  1908  (35  Stat,  364). 

Title. — 1.  Deed  from  James  Denney  and  wife,  dated  June  20,  1901, 
conveying  160  acres;  recorded  in  book  404,  page  553,  of  the  records 
of  Polk  County. 

2.  Deed  from  Robertson  M.  Brisco  and  wife,  dated  June  21,  1901, 
conveying  160  acres;  recorded  in  book  404,  page  553,  of  the  records 
records. 

3.  Deed  from  Thomas  Robertson  and  wife,  dated  July  18,  1908, 
conveying  80  acres ;  recorded  in  book  458,  page  413,  of  same  records. 

4.  Deed  from  Mary  Burgett  and  husband,  dated  August  12,  1908, 
conveying  40  acres;  recorded  in  book  458,  page  412,  of  same  records. 

5.  Deed  from  John  W.  Burgett  and  wife,  dated  August  12,  1908, 
conveying  40  acres ;  recorded  in  book  458,  page  414,  of  same  records. 

6.  Deed  from  John  Fullerton    (single),  dated  August  24,  1908, 
conveying  79  acres;  recorded  in  book  458,  page  411,  of  same  records. 
This  deed  conveys  the  south  half  of  the  southwest  quarter  of  section 
34,  "except  the  west  1  acre  thereof,"  which  is  referred  to  in  the 
abstract'  as  having  been  "heretofore  conveyed  to  the  United  States 
of   America."     The   excepted   tract   was   conveyed   to   the   United 
States  by  deed  of  John  Fullerton,  executed,  delivered,  and  recorded 
in  1905,  for  "  a  perpetual  right  of  way  over  which  the  grantee  may 
construct  and  perpetually  maintain  a  military  road." 

A  right  of  way  for  a  subsurface  drain  from  the  military  reserva- 
tion was  secured  by  deeds  from  the  following-named  persons  through 
their  respective  lands  at  the  dates  given: 

In  Polk  County— 

1.  S.  W.  Reynolds  and  wife,  April  10,  1902. 

2.  H.  S.  De  Witt  and  wife,  April  11,  1902. 

3.  D.  Mulholland  and  wife,  April  17,  1902. 

4.  Carlos  F.  Smith  and  wife,  June  9,  1902. 

5.  Effie  S.  Spitznagle  and  husband,  June  14,  1902. 

6.  Lura  Warrick,  widow,  June  14,  1902. 

The  above  six  deeds  are  recorded  in  book  426,  pages  121,  122,  120, 
134,  138,  and  139,  respectively,  of  the  records  of  Polk  County. 

The  right  of  way  continues  in  Warren  County  by  virtue  of  the  fol- 
lowing deeds: 

1.  H.  E.  McGriff  and  wife,  May  1,  1902. 

2.  Carlos  F.  Smith  and  wife,  June  9,  1902. 

3.  Grant  of  easement  by  the  governor  and  auditor  of  the  State, 
June  25,  1902. 

4.  Robert  Spilmer  and  wife,  September  3,  1902. 

The  above  four  deeds  are  recorded  in  book  55,  pages  602,  600,  608, 
and  619,  respectively,  of  the  records  of  Warren  County. 

Revocable  licenses. — April  1,  1902,  to  the  Interurban  Railway  Co. 
to  construct  line  of  tracks  on  reservation. 


130  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

March  13,  1906,  to  Iowa  Telephone  Co.,  for  telephone  line  for 
private  telephone  service. 

April  13,  1906,  to  Des  Moines  Terminal  Co.,  for  railway  tracks  on 
reservation. 

Jurisdiction. — See  "  General  act  of  cession." 

FORT   DES    MOINES   TARGET  RANGE. 

This  reservation  is  situated  in  Warren  County  and  originally  com- 
prised about  526  acres,  as  announced  in  G.  O.'  33,  A.  G.  O..  March 
12,  1903.  Additions  thereto  were  made  in  1908  and  1909,  the  entire 
area  of  the  reservation,  as  computed  from  a  survey  made  in  1910, 
being  896.96  acres. 

Title. — 1.  Deed  from  Norton  J.  Loomis  and  wife,  dated  July  26, 
1902,  conveying  80  acres;  recorded  in  book  61,  page  189,  of  the 
records  of  Warren  County. 

2.  Deed  from  Grant  U."  Herrick,  dated  July  30,  1902,  conveying  20 
acres;  recorded  in  book  61,  page  187,  of  same  records. 

3.  Deed  from  C.  L.  Watrous  and  wife,  dated  October  13,  1902,  con- 
veying 313  acres,  more  or  less;  recorded  in  book  61,  page  188,  of 
same  records. 

4.  Deed  from  H.  D.  Thompson,  dated  December  11,  1902,  convey- 
ing 113  acres,  more  or  less;  recorded  in  book  61,  page  186,  of  same 
records. 

By  act  of  Congress,  approved  May  11,  1908  (35  Stat,  122),  pro- 
vision was  made  for  the  purchase  of  not  less  than  358.5  acres  adjoin- 
ing this  reservation.  Purchases  have  been  made  under  this  authority 
of  about  353.5  acres,  as  follows  : 

5.  Deed  from  Thomas  Stevenson  et  ux.,  dated  September  8,  1908, 
conveying  60  acres;  recorded  in  book  69,  page  116,  of  same  records. 

6.  Deed  from  Louisa  Josephine  Patten  et  al.,  dated  September  26, 
1908,  conveying  40  acres;  recorded  in  book  59,  page  478,  of  same 
records. 

7.  Deed  from  Dora  Jackson  et  vir,  dated  September  21,  1908,  con- 
veying 20  acres ;  recorded  in  book  69,  page  369,  of  same  records. 

8.  Deed  from  Mary  E.  Mason  et  vir,  dated  February  1,  1909,  con- 
veying 20  acres;  recorded  in  book  69,  page  370,  of  same  records. 

9.  Deed  from  M.  E.  Blackford  et  ux..  dated  April  14,  1909,  con- 
veying 10  acres ;  recorded  in  book  69,  page  368,  of  same  records. 

10.  Deed  from  Richard  H.  Collicott  et  ux.,  dated  March  4,  1909, 
conveying  60  ;  cres;  recorded  in  book  59,  page  489,  of  same  records. 

11.  Deed  from  Nellie  M.  -Collicott,  single,  dated  October  15,  1908, 
conveying  10  acres;  recorded  in  book  69,  page  421,  of  same  records. 

12.  Decree  of  condemnation,  dated  May  21,  1909,  in  the  United 
States  District  Court  for  the  Southern  District  of  Iowa.  No.  1008 
(law) ;  United  States  v.  J.  L.  Brown  et  al.,  covering  about  20.5  acres. 
Decree  entered  in  Journal  I,  page  204,  of  the  records  of  said  court. 

13.  Decree  of  condemnation,  dated  May  21,  1909,  in  the  United 
States  District  Court  for  the  Southern  District  of  Iowa,  No.  1009 
(law)  ;  United  States  v.  Martha  McDowell  et  al.,  covering  about  113 
acres.    Decree  entered  in  Journal  I,  page  205,  of  same  records. 

Jurisdiction. — See  "  General  acts  of  cession." 


IOWA.  131 

KEOKUK  NATIONAL  CEMETERY. 

This  cemetery  is  situated  near  Keokuk,  Lee  County,  and  contains 
an  area  of  about  2.75  acres. 

Title.— I.  Deed  from  the  city  of  Keokuk,  dated  August  28,  1866, 
conveying  the  tract  of  land  therein  described,  being  a  part  of  Oak- 
land Cemetery  adjacent  to  Keokuk,  in  Lee  County.  Recorded  in  book 
No.  27,  page  117,  of  the  deed  records  of  Lee  County. 

2.  Deed  from  Hiram  Barney  and  wife,  dated  August  5,  1870,  con- 
veying fractional  block  No.  107  and  lots  1,  2,  3,  and  4  in  block  No. 
108,  all  in  Mason's  lower  addition  to  the  city  of  Keokuk.    Recorded  in 
book  No.  33,  page  569,  of  same  records. 

3.  Deed  from  John  Oertell  and  wife,  dated  August  30,  1871,  con- 
veving  lots  5  and  6  in  block  No.  108  in  Mason's  lower  addition  to  the 
city  of  Keokuk.    Recorded  in  book  No.  36,  page  77,  of  same  records. 

4.  Deed  from  the  city  of  Keokuk,  dated  December  17,  1874,  con- 
veying the  lands  therein  described  for  cemetery  purposes.    Recorded 
in'book  No.  40,  page  76,  of  same  records. 

Jurisdiction^ — Ceded  to  the  United  States  by  an  act  of  the  State 
legislature,  approved  March  11,  1872,  and  by  an  act  approved  March 
4,  1876.  These  acts  provide  as  follows: 

SECTION  1.  Be  it  enacted,  etc.,  That  the  consent  of  this  General  Assembly  be, 
and  the  same  is  hereby,  given  to  the  purchase  by  the  United  States  of  certain 
parcels  of  land  situate  in  Lee  County,  known  and  described  as  fractional  block 
107,  and  lots  number  (s)  one,  two,  throe,  four,  five,  and  six,  in  block  108,  Mason's 
Lower  Addition  to  the  city  of  Keokuk,  Iowa,  the  same  to  be  used  for  cemetery 
purposes  by  the  United  States  Government.  (Approved  Mar.  11,  1872.) 

SECTION  1.  Be  it  enacted,  etc.,  That  the  consent  of  this  General  Assembly,  be 
and  the  same  is  hereby,  given  to  the  purchase  by  the  United  States  of  America 
of  certain  parcels  of  land  situate  in  Lee  County,  known  and  described  as  so 
much  of  Keokuk  Avenue  as  lies  north  of  block  one  hundred  and  eight  (108), 
Mason's  lower  addition  to  the  city  of  Keokuk,  and  so  much  of  G  street  as  lies 
between  blocks  one  hundred  and  seven  (107)  and  one  hundred  and  eight  (108), 
in  said  addition,  and  the  small  triangular  piece  of  land  formed  by  the  northerly 
and  southerly  sides  of  said  block  one  hundred  and  seven  (107)  continued  until 
said  lines  meet;  also  to  a  certain  parcel  of  land  known  and  described  as  the 
"  soldiers'  burial  ground,"  lying  within  Oakland  cemetery,  together  with  a  strip 
of  land  twenty  (20)  feet  wide  extending  the  entire  length  of  the  said  "sol- 
diers' burial  ground,"  all  situate  within  the  city  of  Keokuk,  Iowa. 

SEC.  2.  The  jurisdiction  of  the  State  of  Iowa  in  and  over  the  lands  men- 
tioned in  the  preceding  section  and  in  an  a£t  entitled  "  an  act  giving  the  con- 
sent of  the  legislature  of  the  State  of  Iowa,  to  the  purchase  by  the  United 
States  of  certain  real  estate,"  approved  March  11,  1872,  shall  be  and  the  same 
Is  hereby  ceded  to  the  United  States;  Provided,  That  the  jurisdiction  hereby 
ceded  shall  continue  no  longer  than  the  United  States  shall  own  or  occupy  said 
lands.  (Approved  Mar.  4,  1876.) 

MILITIA  TARGET  RANGES. 
POLK    COUNTY   TARGET   RANGE. 

This  range  is  situated  in  Polk  County,  and  comprises  several  tracts, 
having  an  aggregate  area  of  about  279.77  acres. 

Title. — 1.  Deed  from  Mary  Tidrick  Porter,  executrix,  dated  Janu- 
ary 4,  1908,  conveying  22.80  acres,  reserving  coal  under  the  same. 
Kecorded  in  book  479,  page  215,  of  deed  records  of  Polk  County. 


132  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

2.  Deed  from  Carl  F.  Lundstrom,  unmarried,  dated  January  9. 
1908,  conveying  6.67  acres.     Recorded  in  book  458,  page  159,  of  same 
records. 

3.  Deed  from  John  F.  Bowen  et  al.,  dated  January  7.  1908.  con- 
veying 123.91  acres.     Recorded  in  book  458,  page  158,  of  same  records. 

4.  Deed  from  Anna  Marie  Lundstrom  et  al.,  dated  January  9,  1908, 
conveying  8.11   acres.     Recorded  in  book  485,  page   160,  of  same 
records. 

5.  Deed  from  Stephen  N.  Bowen  et  al.,  dated  August  10,  1909, 
conveying  several  tracts,  aggregating  an  area  of  118.28  acres.     Re- 
corded in  book  560,  page  542,  of  same  records. 

CEDAK  RAPIDS   TAKGET  RANGE. 

This  range  is  situated  in  Johnson  County,  near  Cedar  Rapids,  and 
comprises  several  tracts,  having  an  aggregate  area  of  117.27  acres. 

Title. — 1.  Decree  of  United  States  Circuit  Court,  Northern  District 
of  Iowa,  dated  October  9,  1909,  in  case  United  States  v.  William  G. 
Dows  et  al.,  covering  entire  tract. 

2.  Deed  from  William  G.  Dows  et  ux.,  and  Isaac  B.  Smith  et  ux., 
dated  December  20,  1909,  conveying  94.71  acres,  part  of  same  prem- 
ises.    Recorded  in  volume  107,  page  49,  of  the  deed  records  of  John- 
son County. 

3.  Deed  from  Adolph  Stranksy  et  ux.,  dated  April  21, 1908,  convey- 
ing 20.7  acres,  part  of  same  premises.     Recorded  in  volume  107,  page 
50,  of  same  records. 

4.  Deed  from  Mathias  Petrak  et  ux.,  acknowledged  March  18, 
1908,  conveying  1.86  acres,  part  of  same  premises.     Recorded  in  vol- 
ume 95,  page  375,  of  same  records. 

OAKDALE   CEMETERY    (LOTS   IN). 

This  reservation  is  situated  near  Davenport,  in  Scott  County.  The 
portion  thereof  used  as  a  national  cemetery  embraces  lot  No.  140  in 
section  2;  also  that  portion  of  the  center  of  section  2  upon  which 
seven  soldiers  have  been  interred,  as  laid  down  on  the  plat  of  the  said 
cemetery,  and  a  portion  of  lot  No.  13. 

Title.— Deed  from  the  Oakdale  Cemetery  Co.,  dated  June  26,  1866, 
conveying  the  above-described  lots.  Recorded  in  book  U  of  town  lot 
deeds,  pages  275  and  276  of  the  deed  records  of  Scott  County. 

WESTERN  APPROACH  TO  ROCK  ISLAND. 

This  property  is  situated  in  the  city  of  Davenport,  opposite  Rock 
Island,  and  consists  of  the  north  end  and  abutments  of  the  bridge  and 
the  wagon  approach  on  the  Iowa  side. 

Title. — Consent  of  the  municipal  authorities  of  the  city  of  Daven- 
port to  location  of  same,  by  an  ordinance  passed  -  — . 

Revocable  license. — June  20, 1907,  to  the  People's  Light  Co.  for  gas 
main  across  premises. 

Jurisdiction. — Ceded  to  the  United  States  by  an  act  of  the  State 
legislature  approved  March  26, 1878.  as  follows : 

Whereas,  The  Government  of  the  United  States  have  caused  to  be  erected 
across  the  Mississippi  River  at  the  City  of  Davenport,  Iowa,  a  wagon  road  and 
railroad  bridge,  connecting  the  Iowa  shore  with  the  Rock  Island  Arsenal ;  and 


KANSAS.  133 

Whereas,  The  abutments  and  the  wagon  approach  to  said  bridge  on  the  Iowa 
shore  are  located  in  public  streets  and  o.n  the  bank  of  said  river  in  the  said  City  of 
Davenport  by  the  consent  of  the  municipal  authorities  of  said  city :  Therefore, 
Be  it  enacted,  etc., 

SECTION  1.  That  exclusive  jurisdiction  is  hereby  ceded  to  the  United  States 
over  that  part  of  the  Rock  Island  Arsenal  Bridge  across  the  Mississippi  River 
at  Davenport,  Iowa,  which  is  north  of  the  middle  of  the  main  channel  of  the  said 
river,  and  also  over  the  plat  of  ground  occupied  by  the  "abutments  and  the  wagon 
approach  to  the  north  end  of  said  bridge,  more  particularly  described  as  follows : 
*  *  Provided,  however,  That  so  much  of  said  public  streets  (of  the  city  of 
Davenport)  as  are  occupied  by  said  wagon  approach  shall  be  forever  kept  and 
maintained  as  a  public  highway  without  expense  to  the  said  city  of  Davenport : 
And  provided  further,  That  this  act  shall  not  be  held  or  construed  to  add  to, 
diminish,  or  prejudice  any  rights  or  privileges  now  held  by  any  railroad  com- 
pany to  use  said  approach  for  the  purposes  of  a  railroad  track.  •  Nor  shall  the 
jurisdiction  hereby  conceded  be  held  or  construed  to  impair,  prejudice,  or  effect 
[affect]  the  right  of  the  city  of  Davenport,  or  any  other  taxing  power,  to  assess 
and  collect  taxes  upon  any  franchise,  right-of-way,  or  other  property,  or  privi- 
lege, which  any  railroad  company  may  now  or  hereafter  have,  hold  or  possess 
in  said  bridge.  (Laws  of  Iowa,  1878,  chap.  163,  p.  149.) 

KANSAS, 

GENERAL  ACT  OF  CESSION. 

SECTION  1.  That  the  United  States  shall  have  power  to  purchase  or  condemn 
in  the  manner  prescribed  by  law,  upon  making  just  compensation  therefor,  any 
land  in  the  State  of  Kansas  required  for  custom-houses,  arsenals,  national  ceme- 
teries, or  for  other  purposes  of  the  government  of  the  United  States. 

SEC.  2.  The  United  States  may  enter  upon  and  occupy  any  land  which  may 
have  been  or  may  be  purchased  or  condemned  or  otherwise  acquired,  and  shall 
have  the  right  of  exclusive  legislation  and  concurrent  jurisdiction,  together  with 
the  State  of  Kansas,  over  such  land  and  the  structures  thereon,  and  shall  hold 
the  same  exempt  from  all  state,  county,  and  municipal  taxation.  (Approved 
Mar.  28,  1872.  Genl.  Stats.  Kansas,  1905,  §§  3960-3961.) 

BAXTER  SPRINGS  NATIONAL  CEMETERY. 

^  This  cemetery  is  situated  about  1  mile  from  the  city  of  Baxter 
Springs,  in  Cherokee  County,  and  comprises  a  lot  of  about  1  acre, 
near  the  center  of  the  Baxter  Springs  Cemetery. 

Title. — 1.  Deed  from  the  city  of  Baxter  Springs,  dated  April  10, 
1869,  conveying  lot  known  as  the  "  National  Block."  Recorded  in 
book  A,  pages  217  and  218,  of  the  records  of  Cherokee  County. 

2.  Deed   from  the  city  of  Baxter  Springs,  dated  May  3,  1875, 
conveying  lot  and  right  of  way.     Recorded  in  book  J,  page  119,  of 
same  records. 

3.  Deed  from  the  city  of  Baxter  Springs,  dated  November  21,  1877, 
and  action  of  the  city  council  ratifying  same,  dated  February  8, 1878, 
conveying  a  strip  adjoining  cemetery.     Recorded  in  book  Q,  pages 
99  and  100,  of  same  records. 

4.  Deed  from  the  city  of  Baxter  Springs,  acknowledged  June  11, 
1887,  conveying  additional  ground  for  cemetery.     Recorded  June  29, 
1887,  in  book  17,  page  449,  of  same  records. 

Jurisdiction. — See  "  General  act  of  cession." 

FORT  LEAVENWORTH. 

This  reservation  is  situated  on  the  Missouri  River,  in  Leavenworth 
County,  Kans.,  and  Platte  County,  Mo.  It  contains  a  total  area  of 


134  UNITED   STATES    MILITARY   RESERVATIONS,  ETC. 

6,781.78  acres,  exclusive  of  the  tract  of  about  505  acres  set  apart  for 
a  United  States  penitentiary  by  act. of  June  10,  1896  (29  Stat.,  380), 
of  which  4,060.27  acres  belong  to  the  post  reservation  proper  and 
1,782.14  acres,  including  the  prison  farm,  comprising  111.69  acres,  to 
the  military  prison  reservation,  both  of  which  are  situated  on  the  west 
side  of  the  river  in  Kansas,  the  remainder,  939.37  acres,  being  a  timber 
reserve  on  the  east  side,  in  Missouri. 

Title. — Included  in  the  Louisiana  purchase  from  France  in  1803, 
it  became  a  part  of  the  public  domain.  A  military  post  was  estab- 
lished upon  the  present  site  May  8,  1827.  By  Executive  order  dated 
October  10,  1854,  the  area  of  the  reservation  being  ascertained  by 
what  is  known  as  "  Hunt's  Survey,"  it  was  reserved  and  set  apart 
for  military  purposes.  The  timber  reservation  on  the  east  side  of 
the  river,  in  Missouri,  was  declared  such  for  military  purposes  by 
Executive  order  dated  June  21,  1838,  and  reduced  to  its  present  size 
July  12,  1843.  The  reservation  in  Kansas  was  later  increased  by 
the  following  additions : 

1.  Deed  from  Lprenz  Kern,  dated  July  28,  1902,  conveying  14.21 
acres.     Recorded  in  book  D,  page  35,  of  the  transfer  records  of 
Leavenworth  County. 

2.  Deed  from  John  J.  Steinbach  and  wife,  dated  July  28,  1902, 
conveying  20.35  acres.     Recorded  in  book  188  of  conveyances,  page 
440,  of  same  records. 

3.  Deed  from  Leo  Hund  and  wife,  dated  July  28,  1902,  conveying 
20.09  acres.     Recorded  in  book  188  of  conveyances,  page  443,  of  same 
records. 

4.  Deed  from  Mike  Kern  and  wife,  dated  September  9,  1902,  con- 
veying 35.45  acres.     Recorded  in  book  188  of  conveyances,  page  442, 
of  same  records. 

5.  Deed  from  Minni  Schroeber,  widow,  dated  October  16,  1909, 
conveying  fifteen-twentieths  of  43J  acres,  and  deed  from  same,  as 
guardian,  dated  and  approved  by  probate  court  October  13, 1909,  con- 
veying remaining  five-twentieths  of  same  premises.     Recorded,  re- 
spectively, in  book  221,  page  28,  and  book  209,  page  365,  of  same 
records. 

6.  Deed  from  Lorenz  Kern  et  ux.,  dated  October  23, 1909,  conveying 
22.98  acres.     Recorded  in  book  215  of  conveyances,  page  638,  of  same 
records. 

7.  Deed  from  Enoch  Dischak  et  ux.,  dated  October  23,  1909,  con- 
veying 43 J  acres.     Recorded  in  book  215  of  conveyances,  page  637,  of 
same  records. 

8.  Deed  from  Joseph  A.  Wacker  et  ux.,  dated  October  23,  1909, 
conveying  56  acres.     Recorded  in  book  215  of  conveyances,  page  634, 
of  same  records. 

9.  Deed  from  Mike  Kern  et  ux.,  dated  October  23.  1909.  conveying 
24.55  acres.     Recorded  in  book  215  of  conveyances,  page  633  of  same 
records. 

10.  Deed  from  Leo  Hund  et  ux.,  dated  October  23.  1909,  conveying 
99.91  acres.     Recorded  in  book  215  of  conveyances,  page  639,  of  same 
records. 

11.  Deed  from  Stephen  Curran  et  ux.,  dated  October  23.  1909,  con- 
veying 27.43  acres.     Recorded  in  book  215  of  conveyances,  page  635, 
of  same  records. 


KANSAS.  135 

Easements.— By  act  approved  July  20,  1868  (15  Stat.,  121).  the 
Kansas  &  Missouri  Bridge  Co.  was  granted  permission  to  build  a  rail- 
road, transit,  and  wagon  bridge  across  the  Missouri  Kiver  upon  or 
near  the  military  reservation  of  Fort  Leavenworth.  A  right  of  way 
not  exceeding  300  feet  in  width  was  also  granted  to  any  railroads 
leading  to  said  bridge  from  either  side  of  the  river. 

By  act  approved  July  27,  1868  (15  Stat.,  238),  a  right  of  way, 
not  exceeding  100  feet  in  width,  was  granted  to  the  Leavenworth  & 
Des  Moines  Railway  Co.  to  construct  and  operate  a  railway  across 
the  reservation  on  the  east  side  of  the  Missouri  River. 

By  act  approved  July  27,  1868  (15  Stat.,  238),  a  right  of  way, 
not  exceeding  100  feet  in  width,  was  granted  the  Leavenworth, 
Atchison  &  Northwestern  Raihvay  Co.  to  construct  and  operate  a 
railroad  across  the  reservation. 

By  act  approved  July  27,  1868  (15  Stat.,  238),  a  strip  of  land  100 
feet  in  width  along  the  southern  boundary  of  the  reservation  in  the 
State  of  Kansas,  extending  from  the  Missouri  River  to  the  western 
boundary  thereof,  was  set  apart  for  the  perpetual  and  exclusive  use 
of  a  public  road. 

By  act  approved  June  23,  1884  (23  Stat.,  50),  the  Leavenworth 
Bridge  Co.  was  granted  authority  to  construct  a  bridge  across  the 
Missouri  River  at  the  city  of  Leavenworth. 

By  act  approved  July  3,  1886  (24  Stat.,  122),  a  right  of  way,  not 
exceeding  100  feet  in  width,  was  granted  to  the  Leavenworth,  North- 
ern &  Southern  Railway  Co.  to  construct  a  railroad  across  the  reserva- 
tion. Right  of  way  designated  by  the  Secretary  of  War  May  6, 1887. 

By  act  approved  September  10,  1888  (25  Stat.,  474),  a  right  of 
way,  50  feet  in  width,  was  granted  to  the  Leavenworth  Rapid  Transit 
Railway  Co.  to  construct  and  operate  its  railroad,  from  its  terminus 
at  the  south  boundary  of  the  reservation  to  a  point  near  the  military 
prison,  and  to  construct  a  depot  and  necessary  side  tracks,  turntables, 
etc.  Location  of  railroad  and  depot  grounds  approved  by  the  Sec- 
retary of  War  December  17,  1888. 

Lease. — June  15, 1889,  to  Leavenworth  City  and  Fort  Leavenworth 
Water  Co.  of  tract  containing  9.75  acres,  more  or  less,  in  the  south- 
eastern portion  of  the  reservation,  pursuant  to  act  approved  March 
2,  1889  (25  Stat,  863),  for  the  purpose  of  constructing  and  main- 
taining thereon  a  reservoir. 

Revocable  licenses. — June  17,  1863,  to  Leavenworth  City  Railroad 
Co.  to  cross  the  reservation. 

February  9,  1886,  to  Grant  Monument  Association  to  erect  monu- 
ment on  reservation. 

June  27,  1889,  to  Louis  M.  Fink,  bishop  of  Leavenworth,  to  erect 
church  and  school  building  on  tract  of  land  200  feet  square  set  apart 
for  that  purpose. 

August  25,  1900,  to  the  Kansas  City-Leavenworth  Railway  Co.  to 
construct  and  operate  a  line  of  electric  railroad  across  the  reserva- 
tion, with  permission  to  place  a  "  Y  "  and  waiting  room. 

February  28,  1901,  to  the  Postal  Telegraph-Cable  Co.  to  erect  and 
maintain  a  line  across  the  Fort  Leavenworth  timber  reserve  in 
Missouri. 

April  8,  1901,  to  People's  Telephone  Co.  to  extend  its  lines  across 
reservation  on  the  east  side  of  the  Missouri  River  to  the  highway 
Ifeading  to  Platte  City,  Mo. 


136  UNITED   STATES    MILITARY   RESERVATIONS,  ETC. 

July  12,  1901,  to  Leavenworth,  Kansas  &  Western  Railway  Co. 
to  lay  a  spur  from  its  main  track  on  the  military  reservation  to  the 
line  of  the  new  penitentiary  grounds. 

October  1,  1901,  to  the  Postal  Telegraph-Cable  Co.  to  construct  a 
telegraph  line  along  the  southern  boundary  of  the  reservation. 

October  27,  1905,  under  act  approved  May  31,  1902  (32  Stat.,  282), 
to  the  international  committee,  Y.  M.  C.  A.,  for  building  on  reserva- 
tion. 

July  10,  1907,  to  the  Army  National  Bank  to  occupy  space  in  the 
post  headquarters  building.  Occupation  of  additional  space  ap- 
proved July  20,  1908. 

March  5,  1908,  to  Lodge  of  Perfection,  No.  1,  A.  F.  and  A.  M., 
to  occupy  rooms  in  "  Quartermaster's  Building  No.  102  "  for  lodge 
purposes. 

August  29,  1908,  to  Missouri  &  Kansas  Telephone  Co.  to  occupy  a 
room  in  administration  building. 

November  9,  1909,  to  Rock  Island  Lines  to  construct  spur  track 
on  reservation. 

December  22,  1910,  to  Department  of  Justice  to  construct  railroad 
tracks  of  the  Federal  penitentiary  across  the  reservation. 

July  13,  1912,  to  the  Peoples  Home  Telephone  Co.  to  construct, 
operate,  and  maintain  a  telephone  system  upon  the  reservation. 

June  26,  1913,  to  the  Peoples  Home  Telephone  Co.  to  occupy  space 
in  college  building  (Sherman  Hall). 

Jurisdiction. — Kansas  was  admitted  into  the  Union  as  a  State 
January  29,  1861,  but  the  United  States  failed  to  retain  jurisdiction 
over  the  original  reservation.  This  was  remedied  by  jurisdiction 
over  that  part  of  the  reservation  situated  in  the  State  of  Kansas 
being  ceded  to  the  United  States  by  an  act  of  the  State  legislature, 
approved  February  22,  1875,  which  provides  as  follows : 

SECTION  1.  That  exclusive  jurisdiction  be  and  the  same  is  hereby  ceded  to 
the  United  States  over  and  within  all  the  territory  owned  by  the  United  States, 
and  included  within  the  limits  of  the  United  States  military  reservation  known 
as  the  Port  Leavenworth  reservation,  in  said  state,  as  declared  from  time  to 
time  by  the  President  of  the  United  States,  saving,  however,  to  the  said  state 
the  right  to  serve  civil  or  criminal  process  within  said  reservation,  in  suits  or 
prosecutions  for  or  on  account  of  rights  acquired,  obligations  incurred,  or 
crimes  committed  in  said  state,  but  outside  of  said  cession  and  reservation; 
and  saving  further  to  said  state  the  right  to  tax  railroad,  bridge  and  other 
corporations,  their  franchises  and  property  on  said  reservation.  (Genl.  Stats. 
Kansas,  1905,  sec.  3963.) 

(See  Appendix,  pp.  498,  503,  and  517.) 

FORT  LEAVENWORTH  NATIONAL  CEMETERY. 

This  cemetery  contains  an  area  of  5  acres  and  is  a  part  of  the  Fort 
Leavenworth  Military  Reservation.  (See  "Fort  Leavenworth"  for 
title,  etc.) 

MOUND  CITY  (SOLDIERS'  BURIAL  LOT). 

This  lot  is  situated  at  Mound  City,  in  Linn  County,  and  contains 
9,164  square  feet. 

Title. — Deed  from  the  Mound  City  Cemetery  Association  of 
Mound  City,  dated  July  11,  1870,  conveying  the  above  tract.  Re- 
corded in  book  15,  page  254,  of  the  deed  records  of  Linn  County. 

Jurisdiction. — See  "  General  act  of  cession." 


KANSAS.  137 

FORT  RILEY. 

This  reservation  is  situated  on  the  Kansas  River,  about  3|  miles 
from  Junction  City  in  Geary  County,  and  contains  19,446.735  acres, 
exclusive  of  right  of  way  (about  73.72  acres)  of  the  Union  Pacific 
Railroad  Co.,  with  metes  and  bounds  as  announced  in  G.  O.  112, 
W.  I).,  1908. 

Title. — Included  in  the  Louisiana  Purchase  from  France  in  1803, 
it  became  a  part  of  the  public  domain  and  was,  by  Executive  order, 
dated  May  5,  1855,  declared  a  reservation  for  military  purposes. 

Under  authority  of  act  of  Congress,  approved  July  26,  1866  (14 
Stat,  289),  the  President,  by  Executive  order,  dated  July  19,  1867, 
set  apart  and  granted  to  the  Kansas  Pacific  Railway  Co.,  20  acres 
in  the  bottom  opposite  Riley  City.  This  latter  tract  was  sur- 
rendered to  the  United  States  by  the  successors  of  the  above  railway 
company  by  the  following  deed : 

Quitclaim  deed  from  the  Union  Pacific  Railroad  Co.,  dated  Aug- 
ust 19,  1902,  conveying  20  acres.  Recorded  in  book  5  of  deeds, 
pages  355  to  358,  of  the  records  of  Geary  County. 

By  joint  resolution  of  Congress,  approved  March  2,  1867  (14 
Stat.,  573),  a  portion  of  the  reservation  was  granted  to  the  State  of 
Kansas  to  aid  in  the  construction  of  a  bridge  over  the  Republican 
River,  but  upon  the  express  condition  that  the  grant  should  be  ac- 
cepted by  the  State  with  a  guaranty  to  be  given  by  an  act  of  the 
legislature  thereof  that  the  bridge  should  be  kept  up  and  maintained 
in  good  condition  and  should  be  free  to  the  use  of  the  Government 
of  the  United  States  for  all  transit  purposes  forever  without  tolls  or 
charges.  Said  grant  was  accepted  and  the  guaranty  therein  required 
tvas  given  by  an  act  of  the  State  legislature,  approved  February 
26,  1867. 

Easements.— Act  of  Congress  of  February  26,  1908  (35  Stat.,  36), 
authorized  the  Secretary  of  War  to  grant  to  the  State  of  Kansas  1 
acre  of  ground,  being  the  site  of  the  old  station  building  used  as  the 
first  Territorial  capitol  at  Pawnee. 

Permission  granted,  January  15,  1902,  to  the  boards  of  county 
commissioners  of  Geary  and  Riley  Counties  to  extend  a  public  high- 
way across  the  reservation  from  its  northern  boundary  to  the  Wash- 
ington Street  Republican  River  bridge,  under  authority  of  act  of 
Congress,  approved  July  5,  1884.  (23  Stat.,  103.) 

Act  of  Congress  of  March  4,  1911  (36  Stat.,  1363),  authorized  the 
Manhattan  City  &  Interurban  Railway  Co.  to  construct,  operate,  etc., 
an  electric  railway  upon  the  reservation  upon  such  location  and 
under  such  regulations,  etc.,  as  should  be  approved  by  the  Secretary 
of  War.  Instrument  fixing  location,  regulations,  etc.,  approved  by 
the  Secretary  of  War  April  26,  1911,  and  modified  as  to  fares  Julv 
5,  1911. 

Revocable  licenses. — August  30,  1900,  to  H.  P.  Wareham  to  erect 
and  maintain  a  telephone  line  across  the  reservation. 

January  16,  1901,  to  the  Electric  Railway,  Light  &  Ice  Co.  to  con- 
struct and  maintain  an  electric  railway  on  the  reservation. 

March  18,  1901,  to  the  State  Historic  Society  to  take  possession  of 
the  ruins  of  the  old  station  building  which  was  the  first  Kansas  capitol 
at  Pawnee. 


138  UNITED    STATES    MILITABY   RESERVATIONS,  ETC. 

January  15,  1902,  to  the  Electric  Railway,  Light  &  Ice  Co.  to  erect 
a  depot  at  the  terminus  of  its  line  on  the  reservation. 

August  25,  1902,  to  the  Union  Pacific  Railway  Co.  to  extend  its 
two  tracks  beyond  its  right  of  way  on  the  reservation,  one  800  feet, 
and  the  other  1,050  feet. 

November  21,  1903,  to  the  Union  Pacific  Railroad  Co.  to  maintain 
the  spur  tracks  and  platform  erected  by  said  company  on  the  reser- 
vation. 

October  10,  1905,  to  Union  Pacific  Railroad  Co.  to  maintain  side 
tracks. 

October  10,  1905,  to  Union  Pacific  Railroad  Co.  for  dwelling,  etc., 
for  use  of  station  agent. 

July  19,  1906,  to  Missouri  &  Kansas  Telephone  Co.  for  telephone 
line  on  the  reservation. 

September  11, 1907,  to  Union  Pacific  Railroad  Co.  for  spur  track  to 
new  granary. 

July  23, 1914,  to  the  Union  Light  &  Power  Co.  to  extend  its  electric 
light  and  power  line  across  the  reservation. 

Jurisdiction. — Ceded  to  the  United  States  by  an  act  of  the  State 
legislature  February  14,  1889,  which  provides  as  follows: 

SECTION  1.  That  exclusive  jurisdiction  be,  and  the  same  is  hereby,  reded  to 
the  United  States  over  and  within  all  the  territory  owned  by  the  Vnited  States 
and  included  within  the  United  States  military  reservation  known  as  the  Fort 
Riley  military  reservation,  in  said  state,  as  declared  May  5,  ]8">,  by  the  Presi- 
dent of  the  United  States,  arid  reduced  by  joint  resolution  of  the  senate  and 
house  of  representatives  of  the  United  States,  approved  March  2,  18G7.  saving, 
however,  to  the  said  state  the  right  to  serve  civil  or  criminal  process  within  said 
reservation  in  suits  or  prosecutions  for  or  on  account  of  rights  acquired,  obliga- 
tions incurred,  or  crimes  committed  in  said  state  (but  outside  of  said  cession 
and  reservation),  and  saving  further  to  said  state  the  right  to  tax  railroad, 
bridge,  and  other  corporations,  their  property  and  franchises,  and  the  property 
of  citizens,  not  otherwise  exempt,  on  said  reservation.  (Genl.  Stats.  Kansas, 
1905,  sec.  3964.) 

FORT  SCOTT  NATIONAL  CEMETERY. 

This  cemetery  is  situated  at  Fort  Scott,  in  Bourbon  County,  and 
contains  an  area  of  10.26  acres. 

Title.— I.  Deed  from  the  Fort  Scott  Town  Co.,  dated  October  16, 
1868,  conveying  5  acres  in  SW.  J,  sec.  32,  T.  25,  R.  25  E.  Recorded 
in  book  G,  page  520,  of  the  deed  records  of  Bourbon  County. 

2.  Deed  from  John  G.  Stewart  and  wife,  dated  October  "16,  1868, 
quitclaiming  all  interest  in  above  5  acres.    Recorded  in  book  G,  page 
519,  of  same  records. 

3.  Deed  from  J.  G.  Scott  et  al.,  dated  May  19,  1873,  quitclaiming 
all  title  to  56  rods  of  land.     Recorded  in  book  Q,  page  400,  of  same 
records. 

4.  Deed  from  B.  F.  Hepler  and  wife,  dated  June  3,  1873,  conveying 
56  rods  of  land.    Recorded  in  book  Q,  page  403,  of  same  records. 

5.  Deed  from  board  of  trustees  of  "  The  First  Presbyterian  Church 
of  Fort  Scott,"  dated  August  15,  1873,  conveying  the  "  Presbyterian 
Cemetery,"  being  part  of  the  SW.  J  of  sec.  32,  T.  25,  R.  25.    Recorded 
in  book  R,  page  493,  of  same  records. 

6.  Deed  from  John  G.  Stewart  and  wife,  dated  August  15,  1873, 
conveying  4.91  acres.    Recorded  in  book  R,  page  491,  of  same  records. 


KANSAS.  139 

7.  Deed  from  W.  S.  Relfe,  superintendent  of  insurance  department 
of  Missouri,  dated  August  6,  1880,  conveying  a  roadway  to  the  na- 
tional cemetery,  etc.     Recorded  in  book  No.  30,  page  244,  of  same 
records. 

8.  Deed  from  James  R.  Bowman  et  al.,  dated  August  7,  1880,  con- 
veying a  roadway,  etc.    Recorded  in  book  No.  30,  page  248,  of-same 
records. 

9.  Deed  from  John  Farnsworth  and  wife,  dated  August  16,  1880, 
conveying  a  roadway,  etc.     Recorded  in  book  No.  30,  page  285,  of 
same  records. 

10.  Deed  from  Ira  D.  Bronson  and  wife,  dated  September  1,  1880> 
conveying  a  roadway,  etc.     Recorded  in  book  No.  30,  page  239,  of 
same  records. 

11.  Deed  from  Charles  H.  Morley  and  wife,  dated  September  1, 
1880,  conveying  a  roadway.    Recorded  in  book  No.  30,  page  238,  of 
same  records. 

12.  Deed  from  Annie  R.  Bowden  and  husband,  dated  September 
25,  1880,  conveying  a  roadway.    Recorded  in  book  No.  33,  page  243, 
of  same  records. 

13.  Deed  from  James  H.  Wilson  and  wife,  dated  November  6, 

1880,  conveying  a  roadway.    Recorded  in  book  No.  30,  page  234,  of 
same  records. 

14.  Deed  from  James  M.  Lee  et  al.,  dated  February  25,  1881,  con- 
veying a  roadway.     Recorded  in  book  No.  30,  page  242,  of  same 
records. 

15.  Deed  from  Eliza  A.  Marr  and  husband,  dated  March  1,  1881, 
conveying  a  roadway.    Recorded  in  book  No.  30,  page  236,  of  same 
records. 

16.  Deed  from  Cyrus  Newkirk  et  al.,  dated  March  4,  1881,  convey- 
ing a  roadway.    Recorded  in  book  No.  30,  page  246,  of  same  records. 

17.  Deed  from  Fort  Scott  &  Gulf  Railroad  Co.,  dated  April  1, 

1881,  conveying  a  roadway.    Recorded  in  book  No.  29,  page  378,  of 
same  records. 

18.  Deed  from  George  W.  Williamson  arid  wife,  dated  April  12, 

1882,  conveying  a  roadway.    Recorded  in  book  No.  32,  page  606,  of 
same  records. 

19.  Deed  from  Eli  Hollingswofth  and  wife,  dated  November  15, 
1880,  releasing  roadway.     Recorded  in  book  No.  30,  page  240,  of 
same  records. 

20.  Deed  from  Milton  Hollingsworth  and  wife,  dated  October  26, 
1880,  releasing  a  roadAvay.    Recorded  in  book  No.  30,  page  241,  of 
same  records. 

"  21.  Deed  from  C.  H.  Morley  and  wife,  dated  March  9,  1881,  re- 
leasing a  roadway.  Recorded  in  book  No.  30,  page  253,  of  same 
records. 

22.  Deed  from  the  board  of  county  commissioners  of  Bourbon 
County,  dated  May  23,  1882,  releasing  the  roadway  in  said  city  of 
Fort  Scott  to  cemetery.  Recorded  in  book  No.  33,  page  311,  of  same 
records. 

The  title  of  the  Government  roadway  was  released  to  the  city  of 
Fort  Scott  for  street  purposes  by  act  of  Congress  approved  March 
4,1907  (34Stat,  1347). 


140  UNITED    STATES    MILITAKY    RESERVATIONS,  ETC. 

Jurisdiction. — Ceded  to  the  United  States  over  a  portion  of  the 
cemetery  by  an  act  of  the  State  legislature  approved  March  2,  1870, 
Avhich  provides  as  follows: 

SECTION  1.  The  assent  of  the  State  of  Kansas  is  hereby  given  to  the  purchase 
of  land  heretofore  made  by  the  United  States,  under  the  act  of  Congress,  ap- 
proved February  22,  1867,  for  the  purpose  of  a  National  Cemetery  at  Fort  Scott, 
Kansas,  said  tract  of  land  being  the  five  acres  situate  near  the  City  of  Fort 
Scott,  in  Bourbon  County,  known  as  the  "  government  cemetery  " ;  *  *  * 
and  the  jurisdiction  of  the  State  of  Kansas  over  said  tract  of  land  is  hereby 
ceded  to  the  United  States  of  America,  and  said  land  shall  be  forever  free 
from  taxation  by  or  under  the  laws  of  this  State ;  Provided,  That  nothing  herein 
contained  shall  be  so  construed  as  to  interfere  with  or  prevent  the  service  of 
process  issued  out  of  any  of  the  courts  of  this  State  upon  such  tract  of  land, 
or  to  interfere  in  any  way  with  tho  .-jurisdiction  of  this  State  to  punish  crimes 
and  offenses  against  the  law  of  this  State  committed  thereon. 

See  "General  act  of  cession"  for  jurisdiction  over  remainder  of 
cemetery. 

KENTUCKY. 

GENERAL  ACT  OF  CESSION. 

Be  it  enacted,  etc. 

SKCTION  1.  That  the  Commonwealth  of  Kentucky  hereby  consents  to  the 
acquisition  by  the  United  States  of  America  of  all  lands  and  appurtenances  in 
this  Commonwealth  heretofore  legally  acquired,  or  that  may  be  hereafter  legally 
acquired,  by  purchase  or  condemnation,  for  the  erection  of  forts,  magazines, 
arsenals,  dock-yards  and  other  needful  buildings,  including  post-offices,  custom- 
houses, and  court-houses,  also  lands  for  locks,  dams  and  canals  in  improving  the 
navigation  of  the  rivers  and  waters  within  and  on  the  borders  of  the  Common- 
wealth of  Kentucky.  (Approved  Aug.  16,  1892.  Kentucky  Stats.,  1903,  sec. 
2376.) 

CAVE  HILL  NATIONAL  CEMETERY. 

This  cemetery  is  situated  near  the  city  of  Louisville,  in  Jefferson 
County,  being  a  portion  of  the  public  cemetery  of  that  name,  and  con- 
tains an  area  of  about  4.33  acres. 

Title.— I.  Deed  from  Cave  Hill  Cemetery  Co.,  dated  March  23, 
1877,  confirming  the  donation  by  said  company,  made  in  1861,  of 
section  A,  containing  28,418.80  square  feet  of  ground.  Recorded  in 
book  206,  page  440  of  the  records  of  Jefferson  County. 

2.  Deed  from  Cave  Hill  Cemetery  Co.,  dated  July  23,  1863,  con- 
veying section  B,  containing  42,114  square  feet.     Recorded  in  book 
115,  page  176,  etc.,  of  same  records. 

3.  Deed  from  Cave  Hill  Cemetery  Co.,  dated  May  30,  1864,  con- 
veying sections  C  and  D,  containing  52,455  square  feet.     Recorded 
in  the  clerk's  office  of  the  county  court  of  Jefferson  County  May 
30,  1864. 

4.  Deed  from  Cave  Hill  Cemetery  Co.,  dated  June  4,  1868,  con- 
veying section  E,  containing  4,99f  square  feet.     Recorded  in  the 
clerk's  office  of  the  county  court  of  Jefferson  County  June  4,  1868. 

5.  Deed  from  Cave  Hill  Cemetery  Co.,  dated  June  19,  1893,  con- 
veying a  tract  containing  15,934  square  feet   (marked  A  on  plat). 
Recorded  in  book  419,  page  335,  of  the  records  of  Jefferson  County. 

6.  Deed  from  Ward  Payne  and  wife,  dated  November  26,  1867, 
conveying  the  southward  part  of  lot  1,  in  square  8,  in  Payne's  addi- 
tion to  the  city  of  Louisville   (for  keeper's  lodge).    Recorded  in 
book  139,  page  134,  of  same  records. 


KENTUCKY.  141 

7.  Deed  from  Cave  Hill  Cemetery  Co.,  dated  November  12,  1897, 
conveying  2,366  square  feet  contiguous  to  above  cemetery  tract  (for 
the  purpose  of  erecting  a  rostrum) .    Recorded  in  book  495,  page  470, 
of  same  records. 

8.  Deed  from  Cave  Hill  Cemetery  Co.,  dated  October  1,  1910, 
under  authority  of  act  of  Congress  approved  March  12,  1910  (36 
Stat.,  236),  conveying  to  the  United  States  tract  containing  3,240 
square  feet  in  exchange  for  a  tract  containing  2,010  square  feet  con- 
veyed to  said  company  by  the  Secretary  of  War  by  deed  dated  Oc- 
tober 18,  1910.     Recorded  in  book  727,  page  241,  of  same  records. 

9.  Deed  from  Cave  Hill  Cemetery  Co.,  dated  December  17,  1912, 
conveying    a    tract    containing    31,250    square    feet,    more    or    less 
(marked  section  E  on  plat).     Recorded  in  book  775,  page  376,  of 
same  records. 

Jurisdiction. — See  "Lebanon  National  Cemetery." 

DANVILLE   NATIONAL  CEMETERY. 

The  lots  comprising  this  national  cemetery  are  situated  within  the 
city  cemetery  at  Danville,  in  Boyle  County,  and  contain  about 
0.31  acre. 

Title. — Deed  from  the  board  of  trustees  of  the  town  of  Danville, 
dated  June  12,  1868,  conveying  lots  10  to  17,  inclusive,  and  from 
30  to  41,  inclusive  (excepting  34  and  37),  in  Danville  Cemetery.  Re- 
corded in  book  10,  page  474,  of  the  records  of  Boyle  County,  June 
13,  1868. 

Jurisdiction. — See  "Lebanon  National  Cemetery." 

FRANKFORT    (SOLDIERS5  LOT). 

This  lot  is  situated  in  the  city  cemetery  at  Frankfort,  in  Franklin 
County,  and  contains  about  4,500  square  feet. 

Title. — Deed  from  the  Frankfort  Cemetery  Co.,  dated  January  4, 
1868,  conveying  certain  lots  and  parts  of  lots  in  said  cemetery,  aggre- 

f  a  ting  4,500  square  feet.     Recorded  on  same  date  in  the  clerk's  of- 
ce  of  the  county  court  of  Franklin  County. 
Jurisdiction. — See  "  Lebanon  National  Cemetery." 

LEBANON    NATIONAL   CEMETERY. 

This  cemetery  is  situated  near  the  town  of  Lebanon,  in  Marion 
County,  and  contains  an  area  of  about  2  acres,  3  roods,  and  13.2 
perches. 

Title.— 1.  Deed  from  James  J.  McElroy  et  al.,  dated  April  6,  1867, 
conveying  2  acres,  1  rood,  and  25  poles.  Recorded  in  the  clerk's 
office  of  the  county  court  of  Marion  County,  July  9,  1868. 

2.  Deed  from  Charles  Gohe  and  wife,  dated  August  18,  1875,  con- 
veying about  0.50  acre.     Recorded  January  26,  1876,  in  same  records. 

3.  Release  of  J.  F.  McElroy,  dated  November  12,  1873.     Recorded 
in  the  clerk's  office  of  the  county  court  of  Marion  county,  August 
18,  1875. 

Jurisdiction. — Ceded  to  the  United  States  by  the  following  act  of 
the  State  legislature,  approved  March  9,  1867 : 

Be  it  enacted,  etc., 

SECTION  1.  That  the  jurisdiction  over  the  lands,  parcels,  or  lots  of  ground 
purchased,  obtained,  used,  or  occupied  by  the  United  States,  her  officers  or 
agents,  for  the  burial  of  the  Union  dead,  in  the  following-described  cemeteries, 


142  UNITED   STATES    MILITARY    RESERVATIONS,  ETC. 

burial  places,  and  parts  thereof,  and  over  such  other  lands  and  parcels  of  ground 
as  may  hereafter  he  required,  purchased,  obtained,  used,  or  occupied  by  said 
common  government  for  such  purposes,  together  with  all  the  buildings,  im- 
provements, and  other  property  belonging  thereto  or  connected  therewith  in  this 
Commonwealth,  is  hereby  ceded  to  and  vested  in  the  said  United  States,  so  long 
as  such  premises  may  be  used,  occupied,  or  required  for  the  purpose  of  sepulture 
and  the  public  service,  except  for  the  punishment  of  offenses  hereinafter  pro- 
vided: Perryville  National  Cemetery,  near  Perryville,  in  Boyle  County,  about 
four  acres;  London,  near  London,  Laurel  County,  about  t\vo  acres;  Camp  Nel- 
son, Jessamine  County,  about  four  acres;  Lebanon,  near  Lebanon.  Marion 
County,  about  two  acres;  Mill  Springs,  near  Logan's  Cross  Roads,  about  two 
acres. 

SEC.  2.  That  all  places  of  sepulture,  lands,  buildings,  fixtures,  improvements, 
and  property  of  the  United  States  thereon  or  connected  therewith  shall  be  held 
exonerated  and  exempt  from  any  and  all  taxation  and  assessments  under  the 
authority  of  this  state,  or  any  county  or  other  municipality  therein,  so  long  as 
the  same  shall  remain  in  the  use  or  occupation  of  the  United  States. 

SEC.  3.  That  any  wilful,  reckless,  or  voluntary  mutilation  of  the  graves,  monu- 
ments, fences,  shrubbery,  ornaments,  or  grounds  or  buildings  in  or  inclosing  said 
cemeteries  or  places  of  sepulture  shall  subject  the  offender  or  offenders  each  to 
a  fine  of  not  less  than  ten  dollars,  to  which  may  be  added,  in  the  discretion  of 
the  jury  or  court  trying  the  case,  imprisonment  in  the  county  jail  or  work-house 
not  exceeding  six  months,  to  be  prosecuted  before  any  court  having  competent 
jurisdiction. 

LEXINGTON    NATIONAL   CEMETERY. 

This  cemetery  is  situated  within  the  city  cemetery  of  Lexington,  in 
Fayette  County,  and  contains  an  area  of  0.75  acre. 

Title. — Deed  from  the  Lexington  Cemetery  Co.,  dated  July  1,  1867, 
conveying  the  above  tract  by  metes  and  bounds.  Recorded  in  the 
clerk's  office  of  the  county  court  o.f  Fayette  County,  May  29,  1868. 

Jurisdiction. — See  "Lebanon  National  Cemetery." 

MILL   SPRINGS   NATIONAL   CEMETERY. 

This  cemetery  is  situated  near  Logans  Cross  Roads,  about  8  miles 
from  Somerset,  in  Pulaski  County,  and  contains  an  area  of  about 
3.50  acres. 

Title. — Deed  from  William  H.  Logan  and  wife,  dated  July  5,  1867, 
conveying  3.50  acres.  Recorded  in  the  clerk's  office  of  the  county 
court  of  Pulaski  County,  June  20,  1868. 

Jurisdiction^ — See  "Lebanon  National  Cemetery." 

CAMP   NELSON    NATIONAL  CEMETERY. 

This  cemetery  is  situated  7  miles  southwest  of  Nicholasville,  in 
Jessamine  County,  and  contains  about  9.50  acres. 

Title.— I.  Deed  from  John  D.  Scott  et  al.,  dated  August  26,  1872, 
conveying  7.25  acres,  and  also  a  strip  extending  to  the  Danville, 
Lancaster,  and  Nicholasville  Turnpike,  containing  1  acre,  1  rood,  and 
32  poles.  Recorded  in  the  clerk's  office  of  the  county  court  of  Jessa- 
mine County,  October  16,  1872. 

2.  Deed  from  John  D.  Scott  et  al.,  dated  April  18,  1874,  conveying 
1  acre.  Recorded  May  2,  1874,  in  same  records. 

Jurisdiction. — See  "Lebanon  National  Cemetery." 

NEWPORT  BARRACKS. 

This  reservation  is  situated  in  the  city  of -Newport,  at  the  conflu- 
ence of  the  Ohio  and  Licking  Rivers,  and  contains  about  6  acres. 


KENTUCKY.  143 

Title. — 1.  Deed  from  Washington  Berry  et  al.,  trustees  of  the  town 
of  Newport,  dated  July  28, 1803,  conveying  5  acres  and  6  square  poles, 
in  the  above  city.  Recorded  in  book  B,  folio  345,  of  the  records  of 
Campbell  County. 

2.  Deed  from  Washington  Berry  et  al.,  trustees  of  the  town  of 
Newport,  dated  February  11,  1806,  conveying  lot  No.. 34  and  the 
alley  between  said  lot  and  lot  No.  33.    Recorded  in  book  C,  folio  102, 
of  same  records. 

3.  Deed  from  David  Morton,  dated  February  14,  1806,  conveying 
lot  No.  3.    Recorded  in  book  C,  folio  101,  of  same  records. 

4.  Deed  from  town  of  Newport,  dated  June   15,   1848,  convey- 
ing additional  land  lying  between  the  Ohio  and  Licking  Rivers. 
Recorded  in  book  S,  folio  288,  of  same  records. 

By  act  of  Congress  approved  July  31,  1894  (28  Stat.,  211),  the 
reservation  was  granted  to  the  city  of  Newport  for  the  purposes  of 
a  public  park,  with  the  condition  that  should  the  city  ever  cease  to 
use  it  as  such,  or  use  it  or  any  part  of  it  for  any  other  purpose,  all 
right  and  title  should  revert  to  the  United  States. 

Jurisdiction. — Ceded  by  the  State  legislature  by  acts  approved 
December  26, 1803,  and  April  1, 1880. 

FORT  THOMAS. 

This  reservation  is  situated  in  Campbell  County,  3  miles  from 
Newport,  on  high  lands  overlooking  the  Ohio  River,  and  about  4 
miles  from  Cincinnati.  The  entire  reservation,  including  the  rifle 
range,  contains  an  area  of  285.623  acres,  the  reservation  proper  con- 
taining 116.623  acres,  and  the  riflle  range  169  acres.  It  comprises  also 
a  right  of  way  to  the  station  of  the  Chesapeake  &  Ohio  Railroad, 
and  a  right  of  way  to  the  Ohio  River  for  a  sewer.  See  G.  O.  Ill, 
W.  D.,  June  18,  1906,  for  description  by  metes  and  bounds  of  reser- 
vation. The  post  was  established  and  lands  purchased  under  author- 
ity of  act  of  Congress  approved  March  3,  1887  (24  Stat.,  555). 

Title  (reservation  proper). — 1.  Deed  from  Samuel  Bigstaff  and 
wife,  dated  August  20,  1887,  conveying  39  acres  2  roods  and  1  pole. 
Recorded  in  the  clerk's  office  of  the  county  court  of  Campbell  County, 
October  31,  1867,  in  deed  book  No.  45,  pages  406  to  408,  Newport 
office. 

2.  Deed  from  Samuel  Shaw  and  wife,  dated  August  23,  1887,  con- 
veying 27  acres  1  rood  and  4  poles  with  certain  reservations.     Re- 
corded October  31,  1887,  in  deed  book  No.  45,  pages  411  to  413,  same 
records. 

3.  Deed  from  Mary  A.  Happensack,  dated  August  25.  1887,  con- 
veying 29  acres  and  34  poles.     Recorded  October  31,  1887,  in  deed 
book  No.  45,  pages  409  to  411,  same  records. 

4.  Deed  from  A.  H.  Bloom,  dated  August  27,  1887,  conveying  15 
acres  and  3  roods.    Recorded  October  31,  1887,  in  deed  book 'No.  45, 
page  414,  same  records. 

Title  (rifle  range). — Deed  from  William  N.  Taliaferro,  dated  May 
1,  1891,  conveying  169  acres.  Recorded  May  27,  1891,  in  deed  book 
No.  51,  page  475,  Alexandria  office. 

Title  (right  of  way  to  the  station  on  the  Chesapeake  &  Ohio  Rail- 
road}.— Deed  from  William  H.  Truesdell  and  wife,  dated  March  5, 
1889,  conveying  about  31,000  square  feet.  Recorded  in  the  clerk's 

12925°— 16 10 


144  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

office  of  the  county  court  of  Campbell  County,  May  22,  1889,  in 
deed  book  No.  49,  page  406,  Newport  office. 

Title  (right  of  way  for  sewer  purposes). — 1.  Deed  from  Samuel  W. 
Hills  and  wife,  dated  February  4,  1880,  conveying  the  right  and 
privileges  therein  described.  Recorded  June  7,  1889,  in  deed  book 
No.  49,  page,  446,  same  records. 

2.  Deed  from  Charles  Birkly  and  wife,  dated  March  6,  1889,  con- 
veying the  right  and  privileges  therein  described.    Recorded  May  22, 
1889,  in  deed  book  No.  49,  page  409,  same  records. 

3.  Deed  from  Martha  Stewart  and  others,  dated  March  7, 1889,  con- 
veying the  right  and  privileges  therein  described.    Recorded  in  the 
clerk's  office  of  the  county  court  of  Campbell  County,  in  deed  book 
No.  49,  page  411,  Newport  office. 

Lease. — May  7,  1915,  for  one  year  from  March  1,  1915,  of  the  rifle 
range. 

Revocable  licenses. — March  8,  1906,  to  the  Citizens  Telephone  Co. 
of  Cincinnati  for  a  telephone  line  to  post. 

August  20,  1914,  to  Webster  Helm  to  connect  sewer  draining  his 
property  with  Government  sewer. 

Jurisdiction. — Jurisdiction  over  the  main  reservation  was  ceded  to 
the  United  States  by  an  act  of  the  State  legislature  approved  Feb- 
ruary 29,  1888.  This  act  provides  as  follows : 

Whereas,  By  virtue  of  an  act  of  Congress  approved  March  3,  1887,  authoriz- 
ing the  purchase  by  the  United  States  of  a  suitable  site  in  Campbell  County, 
Kentucky,  for  the  location  of  a  military  post,  and  making  appropriations  for 
the -erection  of  suitable  buildings  thereon,  the  BigstalT.  llappensack,  Bloom, 
and  Shaw  tract  of  land,  near  Newport,  was  selected  and  paid  for,  but  before 
building  operations  can  be  commenced,  it  is  necessary,  under  the  provisions  of 
Section  355,  Revised  Statutes  of  the  United  States,  that  the  consent  of  the 
Legislature  of  the  State  of  Kentucky  should  be  obtained,  and  that  jurisdiction 
over  the  land  in  question  should  be  ceded  to  the  United  States;  Therefore, 
Be  it  enacted,  etc., 

SECTION  1.  That  the  consent  of  the  State  of  Kentucky  to  the  purchase  of  the 
tract  of  land  mentioned  in  the  preamble  to  this  act,  for  the  purposes  therein 
named,  by  the  United  States,  be.  and  is  hereby,  given,  and  the  United  States 
shall  have,  hold,  use  and  occupy  said  land  us  provided  for  by  this  act. 

SEC.  2.  That  exclusive  jurisdiction  over  said  tract  of  land  be,  and  is  hereby, 
ceded  to  the  United  States,  so  long  as  they  remain  the  owners  thereof,  for  all 
purposes,  except  the  administration  of  the  criminal  laws  of  this  Commonwealth, 
and  the  service  of  any  civil  process  thereon;  and  said  tract  of  land,  and  the 
improvements  which  may  be  erected  thereon,  shall  be  exempt  from  State,  county 
and  municipal  taxes  so  long  as  it  shall  remain  the  property  of  the  United 
States. 

A  proviso  follows,  securing  to  the  "  trustees  of  Covington  reservoir 
and  the  city  of  Covington  "  the  right  to  lay  and  maintain  a  30-inch 
water  main,  and  the  right  of  access  thereto  over  parts  of  said  lands. 
(Approved  Feb.  29,  1888.) 

See  "  General  act  of  cession  "  for  jurisdiction  over  rifle  range. 

LOUISIANA. 

GENERAL  ACT  OF  CESSION. 

SECTION  1.  Be  it  enacted,  etc.,  That  the  United  States  shall  have  power  to 
purchase  or  condemn  in  the  manner  prescribed  by  law,  upon  making  just  com- 
pensation therefor,  any  land  in  the  State  of  Louisiana  not  already  in  use  for 
public  purposes,  required  for  customhouses,  court-houses,  arsenals,  national 
cemeteries,  or  for  other  purposes  of  the  government  of  the  United  States. 


LOUISIANA.  145 

SEC.  2.  Be  it  further  enacted,  etc.,  That  the  United  States  may  enter  upon 
and  occupy  any  land  which  may  have  been  or  may  he  purchased  or  condemned, 
or  otherwise  acquired,  and  shall  have  the  right  of  exclusive  legislation,  and 
concurrent  jurisdiction,  together  with  the  State  of  Louisiana,  over  such  land 
and  the  structures  thereon,  and  shall  hold  the  same  exempt  from  all  State, 
parochial,  municipal,  or  other  taxation.  (Approved  July  6,  1882.) 

ALEXANDRIA  NATIONAL  CEMETERY. 

This  cemetery,  with  the  roadway  belonging  thereto,  is  situated  at 
Pineville,  in  the  parish  of  Rapides,  and  contains  an  area  of  8.24  acres. 
It  was  taken  possession  of  for  military  purposes  under  act  of  Con- 
gress approved  February  2,  1867  (14  Stat,  399). 

Title  (to  cemetery). — Decree  of  condemnation  for  lot  24  in  Pois- 
sin  division  of  the  village  of  Pineville,  in  the  parish  of  Rapides,  con- 
taining 8.24  acres,  in  cause  No.  7248,  ex  parte,  Secretary  of  War,  in 
the  circuit  court  of  the  United  States  for  the  fifth  circuit  and  dis- 
trict of  Louisiana.  Decree  rendered  and  filed  with  the  record  in  said 
cause  in  the  clerk's  office  of  said  court  at  New  Orleans  April  26,  1875. 

Title  (to  roadway). — 1.  Donation  from  the  town  of  Pineville, 
dated  October  5,  1888,  conveying  a  right  of  way,  etc.  Recorded  in 
the  clerk's  office  at  Alexandria  October  5,  1888. 

2.  Donation  from  Robert  Aaron,  individual  and  as  tutor,  dated 
January  5,  1889,  conveying  additional  right  of  way.    Recorded  in  the 
office  of  the  clerk  of  the  district  court,  in  book  of  donations,  pages  1 
and  2^ 

3.  Donation  from  Henry  Robinson,  dated  January  5,  1889,  convey- 
ing additional  right  of  way.    Recorded  in  the  office  of  the  clerk  of 
the  district  court,  in  book  of  donations,  page  1. 

Jurisdiction. — Ceded  to  the  United  States  over  this  cemetery  by 
the  following  act,  approved  September  16,  1868: 

Whereas,  the  United  States  of  America  have  purchased,  or  are  about  to  pur- 
chase and  set  apart  certain  tracts  of  land  in  the  State  of  Louisiana,  herein- 
after described,  to  be  used  and  maintained  at  their  own  expense,  in  pcrpctua, 
as  national  cemeteries  for  the  interment  of  the  remains  of  United  States 
soldiers,  deceased ;  and 

Whereas,  the  laws  of  said  United  States  provide  that  no  public  money  shall 
be  expended  for  the  purchase  of  any  land  within  any  State  of  the  United 
States  until  a  cession  of  the  jurisdiction  by  the  Legislature  of  the  State;  and 

Whereas,  a  formal  application  has  been  filed  by  the  said  United  States, 
through  their  properly  accredited  representative,  for  the  aforesaid  cession,  so 
far  as  relates  to  the  lands  hereinafter  described ;  now,  therefore, 

Be  it  resolved,  etc.,  That  the  State  of  Louisiana  relinquish  all  jurisdiction 
over  the  hereinafter  described  lands  and  premises  in  said  State  purchased  or 
to  be  purchased  and  set  apart  for  the  purposes  aforesaid,  and  that  such  juris- 
diction be,  and  the  same  is  hereby  ceded  to  and  forever  vested  in  the  United 
States.  *  *  * 

All  that  certain  tract,  piece,  or  parcel  of  land  situated,  lying,  and  being  in 
the  city  of  Baton  Rouge  and  designated  on  a  map  of  a  survey  of  said  city  made 
by  Henry  and  Wm.  G.  Waller,  city  surveyors,  as  squares  numbers  nineteen  (19), 
twenty  (20),  and  twenty-one  (21).  *  *  * 

Also,  all  that  certain  other  tract  of  land,  piece  or  parcel  of  land,  situate,  lying 
and  being  at  Chalmette,  in  the  parish  of  St.  Bernard,  and  State  of  Louisiana, 
about  four  miles  below  the  city  of  New  Orleans,  and  on  the  easterly  bank  of  the 
Mississippi  River,  and  designated  by  the  letters  A,  B,  C,  D,  E  and  F,  on  a  map 
or  plan  drawn  by  Louis  H.  Pilie,  late  city  surveyor,  dated  January  29,  1867, 
and  deposited  in  the  office  of  the  city  notary  for  reference  as  plan  number 
twenty  (20),  *  *  * 


146  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

Also,  all  that  certain  other  tract,  piece,  and  parcel  of  land  situate  in  the 
Parish  of  East  Baton  Rouge,  in  said  State  of  Louisiana,  *  *  *  about  one 
mile  below  Port  Hudson,  *  *  *  containing  about  eight  acres.  * 

Also,  all  that  certain  other  tract,  piece  or  parcel  of  land  situated  at  Piiieville, 
in  said  State.  *  *  * 

See  also  "  General  act  of  cession." 

BATON   ROUGE   NATIONAL   CEMETERY. 

This  cemetery  is  situated  at  Baton  Rouge,  in  the  parish  of  East 
Baton  Rouge,  and  contains  an  area  of  7.50  acres. 

Title. — 1.  Act  of  sale  from  Simonna  Bareno,  dated  October  16, 
1868,  conveying  squares  numbered  19  and  20  of  the  city  of  Baton 
Rouge.  Recorded  in  book  X,  folio  218,  of  notarial  acts  in  the  office 
of  the  recorder  of  deeds  in  the  parish  of  East  Baton  Rouge. 

2.  Act  of  sale  from  Pierre  Baron  and  wife,  dated  October  16, 
1868,  conveying  square  No.  21  of  the  city  of  Baton  Rouge.     Recorded 
in  book  X,  folio  219,  of  same  records. 

3.  Grant  from  the  city  of  Baton  Rouge,  dated  April  21,  1873,  of 
certain  property  for  the  purpose  of  building  a  wall,  etc.     Recorded 
in  the  auditor's  office,  Baton  Rouge. 

Jurisdiction. — See  "Alexandria  National  Cemetery." 

BATTERY  BIENVENUE. 

This  reservation  is  situated  on  the  right  bank  of  Bayou  Bionvonue 
at  the  forks  of  said  bayou  and  Mazant,  in  township  12  south,  range 
13  east,  and  contains  934.7  acres. 

Title. — Executive  order  dated  February  9,  1842,  setting  aside  the 
reservation  for  military  purposes,  including  all  "the  public  land 
within  1,200  yards  each  way  from  the  fort.'' 

Jurisdiction. — Ceded  to  the  United  States  by  an  act  of  the  State 
legislature,  approved  June  1,  1846,  which  provides  as  follows: 

SECTION  1.  Be  it  enacted,  etc.,  That  the  jurisdiction  and  control  over  the 
sites  of  the  following  works  of  fortification  be,  and  the  same  hereby  are,  granted 
and  ceded  to  the  United  States  for  military  purposes,  viz:  Over  Fort  Jackson 
on  the  right  bank  of  the  Mississippi  River,  and  over  all  the  land  lying  within 
fifteen  hundred  Castilian  varas  (or  thirteen  hundred  and  ninety  yards  and  a 
half),  measured  from  the  most  salient  parts  of  the  works:  over  Fort  Saint 
Philip,  on  the  left  bank  of  the  Mississippi  River,  and  over  the  section  of  land 
on  which  it  is  situated,  being  section  eleven  of  township  nineteen,  range  seven- 
teen east,  of  the  southeastern  District  of  Louisiana ;  over  Fort  Tike,  at  Pass 
Rigolets,  and  over  all  the  land  within  twelve  hundred  yards  of  th»»  Fort,  meas- 
ured from  the  most  salient  parts  of  the  works:  over  Fort  Wood,  at  the  Chef 
Mentenr  Pass,  and  over  all  the  land  within  twelve  hundred  yards  of  the  Fort, 
measured  from  the  most  salient  parts  of  the  works;  over  Battery  IJienvenue, 
and  over  all  the  land  within  twelve  hundred  yards  of  the  most  salient  parts  of 
the  same;  over  Tower  Dupres,  and  over  all  the  land  within  twelve  hundred 
yards  of  the  most  salient  parts  of  the  same;  and  over  such  tract  of  land  as 
the  United  States  may  reserve  or  purchase  for  the  site  of  works  of  fortification 
at  or  near  Proctor's  Landing  on  Lake  Borgne,  not  to  exceed  the  area  lying 
within  twelve  hundred  yards  of  the  most  salient  parts  of  such  works  of  fortifi- 
cation : 

Provided  always,  and  the  cession  and  jurisdiction  aforesaid  are  granted  upon 
the  express  condition  that  this  Commonwealth  shall  retain  a  concurrent  juris- 
diction with  the  United  States  in  and  over  the  said  tracts  of  land,  so  far  as  that 
all  civil  and  such  criminal  process  as  may  issue  under  the  authority  of  this 
Commonwealth,  against  any  person  or  persons  charged  with  crimes  committed 


LOUISIANA.  147 

without  the  said  tracts  of  land,  may  be  executed  therein  In  the  same  way  and 
manner  as  though  this  cession  and  consent  had  not  been  made  and  granted, 
except  so  far  as  such  process  may  affect  the  real  or  personal  property  of  the 
United  States  within  the  ceded  territory. 

SEC.  2.  Be  it  further  enacted,  etc.,  That  the  property  over  which  jurisdiction 
is  granted  by  this  act,  shall  be  exonerated  and  discharged  from  all  taxes  and 
assessments  which  may  be  levied  or  imposed  under  the  authority  of  this  State, 
while  the  said  tracts  of  land  shall  remain  the  property  of  the  United  States, 
and  shall  be  used  for  the  purposes  intended  by  this  act. 

CHALMETTE  MONUMENT   (SITE  OF). 

This  reservation  is  situated  on  Chalmette  Plains,  in  the  parish  of 
St.  Bernard,  and  is  the  site  of  the  Chalmette  or  Jackson  Monument, 
erected  in  memory  of  the  Battle  of  New  Orleans,  which  was  fought  on 
January  8,  1815. 

Title  and  jurisdiction. — Act  of  sale  from  the  governor  of  Louisiana, 
before  Benjamin  Ory,  notary  public,  May  24,  1907,  of  Chalmette 
Monument  and  site,  under  act  of  the  general  assembly  of  the  State, 
approved  June  19,  1902,  authorizing  the  governor  to*  cede  title  and 
jurisdiction  to  the  United  States.  Transfer  accepted  by  the  Presi- 
dent of  the  United  States  June  5,  1907,  under  act  of  Congress,  ap- 
proved March  4,  1907  (34  Stat.,  1411);  recorded  in  the  office  of 
the  register  of  conveyances  for  the  parish  of  St.  Bernard,  in  con- 
veyance book  No.  21,  folio  248,  et  seq.  Jurisdiction  was  ceded  sub- 
ject to  the  proviso: 

That  nothing  herein  contained  shall  be  construed  as  to  prevent  in  any  manner 
the  officer  of  the  State  from  executing  process  of  law  within  the  property  herein- 
above  mentioned. 

CHALMETTE  NATIONAL  CEMETERY. 

This  cemetery  is  situated  at  Chalmette,  about  4  miles  below  the  city 
of  New  Orleans,  on  the  east  bank  of  the  Mississippi  River,  in  the 
parish  of  St.  Bernard,  and  contains  an  area  of  about  16  acres. 

Title. — Deed  of  donation  from  the  city  of  New  Orleans,  dated  May 
26,  1868,  conveying  about  13.60  acres,  describing  the  same  by  metes 
and  bounds.  Recorded  in  conveyance  book  No.  9,  folios  366  to  368. 
of  the  deed  records  of  the  parish  of  St.  Bernard.  Right  of  way  from 
United  States  barracks  to  national  cemetery  granted  by  act"  under 
private  signature,  dated  July,  1886,  and  resolution  of  police  jury  of 
parish  of  St.  Bernard  of  August  2,  1886.  Recorded  August  2,  1886. 
in  mortgage  book  No.  12,  folio  741,  and  January  11,  1905,  in  con- 
veyance book  No.  20,  folio  438,  et  seq. 

Act  of  Congress,  approved  March  4,  1909  (35  Stat.,  1002),  author- 
izes the  closing  of  the  River  Road  between  the  United  States  bar- 
racks and  the  national  cemetery,  acquired  in  1886,  as  stated  above, 
and  in  consideration  of  conveyance  of  the  lands  and  servitudes  re- 
ferred to  therein.  In  pursuance  of  this  authority  the  New  Orleans 
Terminal  Co.  by  act  of  sale,  dated  July  24,  1909,  conveyed  to  the 
United  States,  as  an  addition  to  the  cemetery,  a  tract  of  2.40  acres, 
and  the  servitude  over  the  strip  of  land  separating  this  tract  from  the 
right  of  way  of  the  Louisiana  Southern  Railway,  and  right  of  way,  30 
feet  wide,  for  road  crossing  the  railway  right  of  way,  and  connecting 
with  the  New  Shell  Road.  The  Attorney  General,  having  refused  to 


148  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

certify  as  to  the  validity  of  the  title  acquired  by  the  United  States 
under  the  above  act  of  sale,  Congress,  by  act  approved  June  25,  1910 
(36  Stat.,  723),  accepted  said  act  of  sale  as  sufficient  title  to  the  prem- 
ises described  therein,  for  the  purpose  of  the  expenditure  of  any 
money  appropriated  or  which  might  be  appropriated  for  their  im- 
provement and  maintenance. 

Jurisdiction. — See  "Alexandria  National  Cemetery,"  ante. 

FORT  JACKSON. 

This  reservation  is  situated  on  the  right  bank  of  the  Mississippi 
River  about  73  miles  below  the  city  of  New  Orleans,  in  the  parish  of 
Placquemines,  and  contains  an  area  of  about  557.6  acres. 

Title. — Under  Spanish  and  French  occupation  known  as  Fort 
Bourbon  and  as  a  fortification  passed  to  the  United  States  under  the 
cession  from  France  in  1803.  A  formal  reservation  for  military  pur- 
poses was  made  by  Executive  order  dated  February  9, 1842,  and  after- 
wards modified  by  Executive  order  dated  October  26,  1847,  so  as  to 
comprise  all  the  public  land  lying  1,500  Castilian  varas  from  the 
most  salient  parts  of  the  extreme  outworks  of  the  port.  See  records 
of  circuit  court  of  United  States  at  New  Orleans,  La..  November 
term,  1903,  M'Caleb  v.  Booth,  for  recognition  of  lower  boundary  as 
established  by  survey  of  the  Engineer  Department  of  August  10, 1903. 

Revocable  licenses. — August  16,  1887,  to  R.  C.  Wood  and  James 
Sweeney  to  construct  telephone  line  on  reservation. 

October  6,  1904,  to  Department  of  Commerce  and  Labor  to  erect 
upon  the  reservation  a  square  wooden  beacon. 

Jurisdiction. — See  "  Battery  Bien venue." 

JACKSON  BARRACKS. 

This  reservation  is  situated  on  the  east  bank  of  the  Mississippi 
River,  about  3  miles  below  the  city  of  New  Orleans,  in  the  parish  of 
New  Orleans,  and  contains  an  area  of  87.87  acres. 

Title. — 1.  Act  of  sale  from  Pierre  Cotteret  and  wife,  dated  Decem- 
ber 14,  1833,  conveying  lots  15  and  16  of  the  parish  lots.  Recorded 
in  the  office  of  the  register  of  conveyances  for  the  city  and  parish  of 
New  Orleans,  in  deed  book  No.  14,  page  471. 

2.  Act  of  sale  from  Mrs.  Prudence  Desilets,  widow  of  Louis  Badius, 
dated  Mav  17,  1848,  conveying  parts  of  lots  13  and  14  of  parish  lots. 
Recorded  in  deed  book  No.  44,  page  580,  same  records. 

The  Louisiana  Southern  Railway  crosses  the  reservation.  This 
track  was  built  shortly  after  the  purchase  of  the  first  parcel  men- 
tioned in  act  of  sale  No.  1,  supra. 

North  Peters  Street,  a  public  highway,  crosses  the  reservation  along 
the  water  front.  This  highway  was  in  existence  at  the  time  the  parcel 
conveyed  by  act  of  sale  No.  2  was  acquired. 

Revocable  licenses. — May  28,  1908,  to  the  Cumberland  Telephone  & 
Telegraph  Co.,  to  string  the  necessary  wire  and  install  telephone  in 
barracks  on  reservation. 

December  7,  1912,  to  the  Cumberland  Telephone  &  Telegraph  Co., 
to  relocate  its  poles  acrcss  the  reservation. 


LOUISIANA.  149 

January  24, 1913,  to  the  New  Orleans  Railway  &  Light  Co.,  to  con- 
struct and  maintain  a  street  railway  track  on  the  reservation. 

Jurisdiction. — Ceded  to  the  United  States  by  act  of  the  State  legis- 
lature approved  July  6, 1882,  for  which  see  "  General  acts  of  cession." 

FORT  LIVINGSTON. 

This  reservation  is  situated  on  the  west  end  of  Grand  Terre  Island, 
in  the  parish  of  Jefferson,  at  the  entrance  of  Grand  Pass  to  Barataria 
Bay,  and  contains  an  area  of  126.16  acres. 

Title. — Act  of  sale  from  Etienne  de  Gruy  and  wife,  dated  January 
10,  1834,  conveying  the  tract  of  126.16  acres.  Original  on  record  in 
the  office  of  Felix  De  Armas,  at  New  Orleans,  January  24,  1834,  as 
required  by  law.  Jurisdiction  was  ceded  to  the  United"  States  by  an 
act  of  the  State  legislature  approved  March  10,  1834,  and  by  the  deed 
of  the  governor  of  the  State  dated  May  14, 1834.  The  act  provides  as 
follows : 

SECTION  1.  Be  it  enacted,  etc.,  That  it  shall  be  lawful  for  the  Governor  of  this 
State,  and  he  is  hereby  authorized  tor  and  in  behalf  of  this  State,  by  proper 
deed  and  instruments  of  writing  under  his  hand  and  seal  of  the  State,  to  convey, 
transfer,  assign  and  make  over  to  the  government  of  the  United  States,  all  the 
jurisdiction  which  this  State  possesses  over  the  tract  of  land  purchased  by  the 
United  States  for  the  purpose  of  erecting  a  fort  thereon,  situate  in  the  parish 
of  Jefferson,  and  known  by  the  name  of  Grand-terra. 

SEC.  2.  And  be  it  further  enacted,  etc.,  That  after  the  cession  aforesaid,  if  the 
said  fort  shall  be  suffered  to  fall  into  decay,  or  be  rendered  useless,  and  so 
continue  for  the  period  of  seven  years,  then,  in  that  case,  the  jurisdiction  over 
such  territory  hereby  directed  to  be  vested  in  the  United  States,  shall  revert  to 
this  State,  in  like  manner  as  if  this  act  had  never  been  passed. 

Revocable  license. — September  5,  1895,  to  James  W.  Wilkinson  to 
land  parties  on  reservation  and  to  put  up  a  shelter  on  the  southwest 
sea  wall  of  the  fort  as  protection  against  sun  and  rain. 

FORT  MACOMB. 

This  reservation,  formerly  known  as  Fort  Wood,  is  situated  in 
T.  11  S.,  K.  14  E.,  at  Pass  Chef  Menteur,  on  Lake  Borgne,  in  the 
parish  of  Orleans,  and  forms  a  part  of  what  is  known  as  the  Michaud 
tract.  It  comprises  the  site  of  the  old  fort  and  the  lands  immediately 
surrounding  the  same,  containing  an  area  of  16.03  acres. 

Title. — Reserved  by  Executive  order  dated  February  9,  1842,  set- 
ting aside  all  the  land  lying  within  1,200  yards  of  the  fort  for  military 
purposes  upon  the  assumption  that  it  was  a  part  of  the  public  do- 
main. By  Executive  order  dated  June  20,  1896,  all  of  that  portion 
of  the  reservation  lying  on  the  east  side  of  Pass  Chef  Menteur  was 
transferred  to  the  Department  of  the  Interior.  All  the  land  com- 
prised by  the  original  Executive  order  was  covered  by  the  "  Lafon 
claim,"  which  had  been  duly  confirmed  under  authority  of  Congress, 
and  hence  whatever  title  the  United  States  possessed  rested  on  long- 
continued  occupation  for  military  purposes.  In  a  suit  brought  by  the 
Continental  Trust  ^£  Savings  Bank  against  the  New  Orleans  Drain- 
age Co.  in  the  United  States  district  court,  looking  to  the  sale  of 
certain  premises  including  the  military  reservation  of  Fort  Macomb, 
the  court,  on  July  9,  1914,  in  a  decree  of  sale  of  the  property,  ordered 


VJ>  STATES  ariUTARY   KKSERVATIONS,  ETC. 


1.1  la  I    Ulfl 


e  excepted  from  the  sale  a  tract  of  land  including  the 
of  Fort  Macomb  containing  an  area  of  16.03  acres,  which 
occupied  by  the  Motor  League  of  Louisiana  undo: 

:ed  Suites,  thus  recognising  the  prescriptive  title  of  tlu 
States  thereto.    The  result  of  this  s  .vvepted  by  I  em- 

inent, it  being  unable  to  establish  a  prescri  b,  due  to  actual 

possession  and  control,  to  any  lands  in  addition  to  those  a 
scribed. 

Z«*tt**,— For  five  years,  from  July  1,  1912,  of  reservation  to  the 
Motor  League  of  Louisiana. 

£«rvco6I*  licMiMt.—June  30,  1S93,  to  the  Postal  Telegraph-Cabfe 
(X,  to  construct,  maintain,  and  use  a  telegraph  line  across  tl 
ration.    Change  of  location  authorized  Janua  ^>05. 

January  30, 1900,  to  the  American  Telephone  I 
Louisiana,  to  erect  and  maintain  telephone  and  telegraph  lii. 
the  reservation. 

Jurisdiction.— See  "Battery  Bion venue." 


This  reservation  is  situated  south  of  Great  Rigolet  on  the  northern 
margin  of  the  island  of  ~Petites  Coquiiles/"  which  diviv 
Borgnc  from  Lake  Ponchartrain,  about  35  miles  northeast 
Orleans,  and  contains  all  the  land  in  sec.  19,  T 

Tiffe, — Executive  order  dated  February  9, 1842.  reserving  for  mili- 
tary purposes  the  public  lands  within  l,£0b  yards  of  the  fort.  All 
the  land  had  been  patented  to  the  State  as  swamp  land.  that 

described  as  being  section  19,  supra. 

Eatrmfnt. — Permission,  July  28,  1915.  under  authority  of  ac: 
Congress  approved  July  5,  1SS4  (23  Stat,  103),  to  the  city  of  B 
Orleans  to  construct  and  maintain  a  highway  across  reservation. 

Lea**. — For  five  years  from  December  1,"  1915,  of  reservation  to 
the  Jahncke  Navigation  Go. 

fococab?*  ticeiuc.— April  30,  1894,  to  the  -  :  Louisiana  and 

the  city  of  Xew  Orleans  to  occupy  a  portion  of  the  reservation  for 
the  care,  treatment,  and  confinement  of  contagious  disc  :  1  to 

use  the  made  ground  outside  the  outer  west  ditch  of  the  fort  for 
the  residence  of  the  attending  physician. 

J*ri#tictio*.—$*e  "  Battery  Bienvenue." 

FOKT  HUDSON  XATIOXAL  CEMETEXT. 

This  cemetery  is  situated  at  Port  Hudson,  in  the  parish  of 
Baton  Rouge.    It  contains  an  area  of  8  acres  and  embraces  also  a 
right  of  way  to  the  river  at  Hickeys  Landing. 

T'tth. — 1.  Act  of  sale  from  James  H.  Gibbons  and  wife  dated 
August  17.  1869,  conveying  8  acres  and  the  right  of  way  from  the 
cemetery  to  Hickeys  Tending  on  the  Mississippi  River.  Recorded  in 
die  recorder's  office  of  the  parish  of  East  Baton  Rouge,  in  book  H. 
page  514.  of  notarial  acts. 

2.  Act  of  sale  from  Joseph  and  W.  S.  Slaughter,  dated  December 
27,  1890,  conveying  a  strip  of  land  60  feet  wide  by  4.650  feet  long 


LOUISIANA.  151 

for  right  of  way  from  cemetery  to  Mississippi  River.    Recorded  in 
book  Xo.  14.  page  loi>.  of  same  records. 
Jurisdiction. — See  "Alexandria  Xational  Cemetery,"  ante 

MILITARY   RESERVATION. 

This  reservation  is  situated  at  Proctorsville,  at  the  foot  of  Lake 
Borgne,  in  the  parish  of  St.  Bernard,  and  contains  an  area  of  about 
100  acres. 

of  sale  from  Mrs.  Mary  Screven  et  aL.  dated  March  15. 
D  veying  the  above  tract   Recorded  in  the  office  of  the  recorder 
for  the  pari  3t  Bernard.  April  4,  1856,  in  book  Xo.  6  of  con- 

veyances, folios  76  to  81,  inclusive. 

lotion.— Ceded  to  the  United  States  by  act  of  the  State  legis- 
lature approved  June  1,  1846  (for  which  see  Battery  Bien venue), 
and  by  the  following  act.  approved  March  9, 18-; 

no*  1.  Be  it  enacted,  ete^  That  the  jurisdiction  and  control  be  ceded  to 
the  United  States  over  such  tract  of  land  as  the  United  States  may  reserve  or 
purchase  for  the  site  of  works  of  fortification  at  the  foot  of  Lake  Borgne; 
provided  that  the  cession  and  jurisdiction  aforesaid  are  granted  upon  the  express 
condition  that  the  State  of  Louisiana  shall  retain  a  concurrent  jurisdiction  with 
the  United  States  in  and  over  such  tract  of  land,  so  far  as  that  an  civil  and 
such  criminal  process  as  may  issue  under  the  authority  of  this  Commonwealth 
against  any  person  or  persons  charged  with  crimes  committed  without  the  said 
tract  of  land,  may  be  executed  therein  in  the  same  way  and  manner  as  though 
this  cession  and  consent  had  not  been  made  and  granted,  except  so  far  as  such 
process  may  affect  the  real  or  personal  property  of  the  United  States  within 
the  ceded  territory. 

-Be  it  further  enacted,  ete^  That  the  property  of  which  jurisdiction  is 
granted  by  this  act  shall  be  exonerated  and  discharged  from  an  taxes  and 
assessments  which  may  be  levied  or  imposed  under  the  authority  of  this  State 
while  the  said  tract  of  land  shall  remain  the  property  of  the  United  States  and 
shall  be  used  for  fortification 

FOST  ST.  PHILIP. 

This  reservation  is  situated  in  the  parish  of  Plaqnemines  on  the 
east  bank  of  the  Mississippi  River,  nearly  opposite  Fort  Jackson, 
and  contains  1.105.85  acres,  more  or  less.  It  embraces  all  of  sees.  11, 
3.  and  14  and  i  of  sec.  15.  T.  19  5..  R.  17  E..  southeast  district 
It  was  a  fortified  point  under  the  French  and  Spanish  occupation, 
passing  to  the  United  States  as  such  in  the  cession  from  France 

Title. — Executive  order  dated  Febranry  9,  1&I2.  declaring  section 
11  a  reservation  for  military  purposes. 

Reservation  was  later  increased  by  the  following  additions,  aggre- 
gating 549.73  acres : 

1.  Decree  of  condemnation  for  39.14  acres  in  sec.  12.  T.  19  S.,  R. 
:..  in  cause  168.  entitled  "The  United  States  r.  Mrs/Sarah  Alexis 
et  aL."  in  the  twenty-ninth  judicial  district  court,  parish  of  Plaqne- 
mines. Decree  rendered  April  19,  1902.  and  recorded  July  9.  1902, 
in  book  36.  Xo.  1S3,  folio  813.  of  conveyances  of  parish  o"f  Plaque- 
mir 

Decree  of  condemnation  for  about  40  acres  in  sec,  12.  T.  19  - 
R.  17  E.,  in  cause  206.  entitled  -  The  United  States  «.  the  Heirs  of 


152  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

John  Butler  et  al.,"  in  the  twenty-ninth  judicial  district  court,  parish 
of  Plaquemines.  Decree  rendered  January  3,  1903,  and  recorded 
January  5, 1903,  in  book  37,  No.  25,  folio  132,  of  conveyances  of  parish 
Plaquemines. 

3.  Decree  of  condemnation  for  40  arpents  of  land  in  cause  257, 
entitled  "  The  United  States  v.  John  Morgan  et  al."  in  the  twenty- 
ninth  judicial  district  court,  parish  of  Plaquemines.    Decree  rendered 
May  1,  1903,  and  filed  May  11,  1903,  in  clerk's  office  of  said  court. 

4.  Decree  of  condemnation  for  40  arpents  of  land  in  cause  258, 
entitled  "  The  United  States  v.  Alexander  Kelly  et  al."  in  the  twenty- 
ninth  judicial  district  court,  parish  of  Plaquemines.     Decree  ren- 
dered May  1,  1903,  and  filed  May  11,  1903,  in  clerk's  office  of  said 
court. 

5.  Decree  of  condemnation  for  160  acres  in  cause  259,  entitled 
"  The  United  States  v.  John  P.  Lyons  et  al."  in  the  twenty-ninth 
judicial   district   court,   parish   of   Plaquemines.     Decree    rendered 
May  1,  1903,  and  filed  May  11,  1903,  in  clerk's  office  of  said  court. 

6.  Decree  of  condemnation  for  40  arpents  of  land  in  cause  260, 
entitled  "  The  United  States  v.  Dominique  Quatrochi  et  al."  in  the 
twenty-ninth  judicial  district  court,  parish  of  Plaquemines.    Decree 
rendered  May  2,  1903,  and  filed  May  11,  1903,  in  clerk's  office  of  said 
court. 

7.  Decree  of  condemnation  for  40  arpents  of  land  in  cause  261, 
entitled  "  The  United  States  v.  Esmond  Buras  et  al."  in  the  twenty- 
ninth  judicial  district  court,  parish  of  Plaquemines.     Decree  ren- 
dered May  1,  1903,  and  filed  May  11,  1903,  in  the  clerk's  office  of  said 
court. 

8.  Decree  of  condemnation  for  20  arpents  of  land  in  cause  262, 
entitled  "The  United   States  v.  Mrs.  Marie  Buras  et  al."  in  the 
twenty-ninth  judicial  district  court,  parish  of  Plaquemines.     Decree 
rendered  May  1,  1903,  and  filed  May  11,  1903,  in  clerk's  office  of  said 
court. 

9.  Decree  of  condemnation  for  20  arpents  of  land  in  cause  289, 
entitled  "  The  United  States  v.  John  Bernard  Fasterling  et  al."  in 
the  twenty-ninth  judicial  district  court,  parish  of  Plaquemines.    De- 
cree rendered  September  17,  1903,  and  filed  September  25,  1903,  in 
clerk's  office  of  said  court. 

10.  Decree  of  condemnation  for  81  acres  in  cause  290,  entitled 
"The  United  States  v.  Estate  of  Patrick  Lyons  et  al."  in  the  twenty- 
ninth  judicial  district  court,  parish  of  Plaquemines.    Decree  rendered 
September  17,  1903,  and  filed  September  25,  1903,  in  clerk's  office  of 
said  court. 

11.  Decree   of  condemnation   for   a   tract   126   feet   front  by   40 
arpents  depth  in  cause  291,  entitled  "  The  United  States  v.  John  C. 
Burton  et  al."  in  the  twenty-ninth  judicial  district  court,  parish  of 
Plaquemines.     Decree  rendered  September  17,  1903,  and  filed  Sep- 
tember 25,  1903.  in  clerk's  office  of  said  court. 

12.  Decree  of  condemnation  for  a  tract  222    feet    front    by    40 
arpents  depth  in  cause  292,  entitled  "  The  United  States  r.  The  Estate 
of  George  O'Brien  et  al."  in  the  twenty-ninth  judicial  district  court, 
parish  of  Plequemines.     Decree  rendered  September  17,  1903,  and 
filed  September  25,  1903,  in  clerk's  office  of  said  court. 

Jurisdiction. — See  "  General  act  of  cession." 


UNITED  STATES   MILITARY  RESERVATIONS,  ETC.  153 

MAINE. 

GENERAL  ACT  OF  CESSION. 

Be  it  enacted,  etc. 

SECTION  1.  That  the  jurisdiction  of  the  state  of  Maine  is  hereby  ceded  to  the 
United  States  of  America  over  so  much  land  as  has  been  or  may  be  hereafter 
acquired  for  the  public  purposes  of  the  United  States :  Provided,  That  the  juris- 
diction hereby  ceded  shall  not  vest  until  the  United  States  of  America  sliatt  have 
acquired  the  title  to  the  lands,  by  grant  or  deed,  from  the  owner  or  owners 
thereof,  and  the  evidences  thereof  shall  have  been  recorded  in  the  office  where, 
by  law,  the  title  to  such  land  is  required  to  be  recorded ;  and  the  United  States 
of  America  are  to  retain  such  jurisdiction  so  long  as  such  lands  shall  be  used 
for  the  purposes  in  this  section  mentioned,  and  no  longer  ;  and  such  jurisdiction  is 
granted  upon  the  express  condition  that  the  state  of  Maine  shall  retain  a  con- 
current jurisdiction  with  the  United  States  in  and  over  the  said  lands,  so  far 
as  that  civil  process,  in  all  cases  not  affecting  the  real  or  personal  property  of  the 
United  States,  and  such  criminal'  or  other  process  as  shall  issue,  under  the 
authority  of  the  state  of  Maine,  against  any  person  or  persons  charged  with  crimes 
or  misdemeanors  committed  within  or  without  the  limits  of  the  said  lands,  may 
be  executed  therein,  in  the  same  way  and  manner  as  if  no  jurisdiction  had  been 
hereby  ceded. 

SEC.  2.  That  all  lands  and  the  tenements  which  may  be  granted,  as  aforesaid, 
to  the  United  States,  shall  be  and  continue,  so  long  as  the  same  shall  be  used  for 
the  purposes  in  the  last  section  mentioned,  exonerated  and  discharged  from  all 
taxes,  assessments,  and  other  charges  which  may  be  imposed  under  the  authority 
of  the  state  of  Maine.  (Approved  Mar.  28,  1903.  Laws  of  Maine,  1903,  p.  146.) 

AUGUSTA    NATIONAL    CEMETERY. 

This  cemetery  is  situated  in  the  city  of  Augusta,  in  Kennebec 
Coimty,  and  comprises  lots  Nos.  17,  18,  19,  49,  50,  and  51,  in  Mount 
Pleasant  Cemetery. 

Title. — Deed  from  the  city  of  Augusta,  dated  December  27,  1870, 
conveying  lots  17,  18,  19,  49,  50,  and  51,  in  the  east  range  of  Mount 
Pleasant  Cemetery.  Recorded  in  vol.  274,  page  531,  of  the  Kennebec 
registry  of  deeds,  together  with  a  copy  of  the  record  of  the  order  of 
the  board  of  aldermen  of  the  city  of  Augusta,  passed  November  26, 
1870. 

Jurisdiction. — Ceded  by  an  act  of  the  State  legislature  approved 
February  4,  1889,  as  follows: 

Be  it  enacted,  etc.,  SECTION  1.  That  there  be,  and  hereby  is,  ceded  to  the  United 
States  of  America,  the  jurisdiction  of  lots  number  seventeen,  eighteen,  nineteen, 
forty-nine,  fifty  and  fifty-one,  in  the  east  range  of  lots  in  Mount  Pleasant  Ceme- 
tery in  the  City  of  Augusta,  said  lots  containing  the  graves  of  soldiers  of  the 
United  States  of  America,  whose  names  are  unknown. 

SEC.  2.  That  this  state  shall  have  concurrent  jurisdiction  with  the  United 
States  of  America  over  the  lots  described  in  the  first  section  of  this  act,  so  far, 
that  all  civil,  criminal  and  military  process,  issued  under  the  authority  of  this 
state,  or  any  officer  thereof,  may  be  executed  on  any  part  of  said  lots,  in  the  same 
manner  as  if  this  jurisdiction  had  not  been  ceded. 

FORT  BALDWIN. 

This  reservation  is  situated  at  Sabino  Head,  at  the  mouth  of  the 
Kennebec  River,  and  exclusive  of  right  of  way,  contains  an  area  of 
about  38.13  acres  of  upland  and  about  7  acres  of  flats.  The  reserva- 
tion was  named  Fort  Baldwin  in  G.  O.  20,  W.  D.,  January  25,  1906. 

Title.— I.  Deed  from  Anson  M.  Oliver  et  al.,  February  22,  1902, 
conveying  0.877  acre  of  upland ;  recorded  in  book  100,  page  448,  deed 
records  of  Sagadahoc  County. 


154  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

2.  Deed  from  Nathaniel  Perkins  and  wife,  January  23,  1905,  con- 
veying 0.877  acre  of  upland;  recorded  in  book  108,  page  1G9,  deed 
records  of  Sagadahoc  County. 

3.  Deed  from  Nathaniel  Perkins  et  al.,  December  23,  1904,  con- 
veying about  7  acres  of  flats;  recorded  in  book  108,  page  170,  deed 
records  of  said  county. 

Jurisdiction. — See  "  General  act  of  cession." 

CROW  ISLAND. 

This  reservation  is  situated  northeasterly  of  Diamond  Cove  on 
Great  Diamond  Island  (formerly  Hog  Island),  in  Portland  Harbor, 
and  comprises  all  of  Crow  Island,  containing  an  area  of  2.2  acres. 

Title. — Deed  from  Mary  A.  P.  Tucker  and  Alice  Preble  Anderson, 
dated  July  1,  1913.  conveying  the  entire  island.  Recorded  in  book 
921,  page  350,  of  the  records  of  Cumberland  County. 

Jurisdiction. — See  "  General  act  of  cession." 

FORT  EDGECOMB. 

This  reservation  is  situated  in  Edgecomb,  Lincoln  County,  and 
contains  an  area  of  about  3  acres. 

Title, — Deed  from  Moses  Davis,  dated  June  13, 1808,  conveying  the 
above  by  metes  and  bounds.  Recorded  in  liber  68,  folio  23,  of  the 
deed  records  of  Lincoln  County. 

Jurisdiction. — See  "  General  act  of  cession." 

FORT  FOSTER. 

This  reservation  is  situated  on  Gerrish  Island,  in  Kittery,  in  the 
county  of  York,  and  contains  about  40  acres,  with  metes  and  bounds 
as  described  in  G.  O.  No.  200,  W.  D.,  October  2,  1909. 

Title.— I.  Deed  from  Joseph  T.  Wiggin,  dated  May  15,  1873,  con- 
veying 30  acres  of  the  above  by  metes  and  bounds.  Recorded  in 
book  336,  page  42,  of  the  deed  records  of  York  County. 

2.  Deed  from  Adna  B.  Lane,  dated  May  29,  1873,  conveying  10 
acres  and  adjoining  flats  and  right  of  way.  Recorded  in  book  336, 
page  157,  of  same  records. 

Jurisdiction. — See  "Fort  Preble,"  where  the  act  of  February  18, 
1871,  seems  to  cede  jurisdiction.  See  also  "  General  act  of  cession." 

FORT  GORGES. 

This  reservation  is  situated  on  what  is  called  "  Hog  Island  Ledge," 
in  Portland  Harbor,  2  miles  from  Portland,  Cumberland  County. 
It  is  seven-eighths  of  a  mile  north  of  Fort  Preble,  about  five-twelfths 
of  a  mile  west  of  Great  Hog  Island,  and  about  seven-eighths  of  a 
mile  northwest  of  Fort  Scammel,  and  contains  about  1.5  acres. 

Title  and  jurisdiction. — Ceded  to  the  United  States  by  an  act  of 
the  State  legislature,  approved  April  17, 1857,  as  follows: 

Be  it  enacted,  etc. 

SECTION  1.  Jurisdiction  is  hereby  ceded  to  the  United  States  over  the  Hog 
Island  Ledge,  in  the  harbor  of  Portland,  Maine,  to  include  all  of  said  ledge 
above  or  within  low-water  mark,  and  so  much  thereof  without  low-water  mark 


MAINE.  155 

as  shall  be  bounded  by  lines  drawn  seven  hundred  yards  distant  from  and 
parallel  to  the  faces  of  any  fort  to  be  built  thereon,  for  the  purpose  of  carrying 
into  effect  an  act  of  Congress,  of  March  third,  eighteen  hundred  and  fifty-seven, 
providing  for  the  commencement  of  a  fortification  on  Hog  Island  Ledge,  in 
Portland  Harbor,  Maine.  Jurisdiction  is  also  ceded  to  the  United  States  over 
any  tract  or  tracts  of  laud  at  or  near  the  entrance  to  Kennebec  River,  Maine, 
that  may  be  acquired  by  the  United  States  for  the  purpose  of  carrying  out  an 
act  of  Congress  of  March  third,  eighteen  hundred  and  fifty-seven  (11  Stat.L191), 
providing  for  the  erection  of  "  fortifications  at  the  mouth  of  the  Kennebec 
River,  Maine,"  by  building  and  maintaining  thereon  forts,  magazines,  arsenals, 
dockyards,  wharves,  and  other  structures,  with  their  appendages,  and  over  all 
the  contiguous  shores,  flats,  and  waters,  within  four  hundred  yards  from  low- 
water  mark;  and  all  right,  title  and  claim,  which  this  State  may  have  to  or 
in  the  said  Hog  Island  Ledge,  in  Portland  Harbor,  and  said  tract  or  tracts  at 
or  near  the  entrance  to  Kennebec  River,  are  hereby  granted  to  the  United 
States;  provided,  that  this  State  shall  retain  a  concurrent  jurisdiction  with 
the  United  States,  in  and  over  all  the  premises  aforesaid,  so  far  as  that  all 
civil  processes  and  such  criminal  process  as  may  issue,  under  the  authority  of 
this  State,  against  any  person  or  persons  charged  with  crimes  committed  with- 
out the  premises  aforesaid,  may  be  executed  therein  in  the  same  way  and 
manner  as  if  jurisdiction  had  not  been  ceded  as  aforesaid. 

SEC.  2.  The  premises  over  which  jurisdiction  is  granted  by  this  act,  and  all 
structures  and  other  property  thereon,  shall  be  exonerated  and  discharged  from 
all  taxes  and  assessments  which  may  be  laid  or  imposed,  under  the  authority 
of  this  State,  while  said  premises  shall  remain  the  property  of  the  United 
States,  and  shall  be  used  for  the  purposes  intended  by  this  act. 

See  also  "  General  act  of  cession." 

KENNEBEC   ARSENAL. 

This  reservation  is  situated  in  the  city  of  Augusta,  on  the  east  side 
of  the  Kennebec  River,  in  Kennebec  County,  and  contains  about  39 
acres  and  140  square  rods,  and  includes  also  a  right  of  way. 

Title. — 1.  Deed  from  John  H.  Hartwell  and  wife,  dated  September 
25,  1827,  conveying  19  acres  and  140  square  rods.  Recorded  in  book 
61,  page  172  et  seq.,  of  the  deed  records  of  Kennebec  County. 

2.  Deed  from  John  H.  Hartwell  and  wife,  dated  August  2,  1836, 
conveying  6  acres.     Recorded  in  book  98,  page  345,  of  same  records. 

3.  Deed  from  J.  H.  Hartwell  and  wife,  dated  August  2,  1836,  con- 
veying 14  acres.     Recorded  in  book  98,  pages  346  and  347,  of  same 
records. 

4.  Lease  for  999  years  from  John  H.  Hartwell  and  wife,  for  a  strip 
as  right  of  way  adjoining  arsenal  site.     Recorded  in  book  169,  page 
1,  of  same  records. 

The  arsenal  was  abolished  by  order  of  the  Secretary  of  War,  May 
1,  1901;  and  by  deed,  dated  April  12,  1905,  under  act  of  Congress, 
approved  March  3,  1905  (33  Stat.,  1270),  the  premises  were  con- 
veyed to  the  State  of  Maine  for  use  of  the  Maine  Insane  Hospital, 
subject  to  possession  being  resumed  by  the  United  States — 

whenever  the  President,  in  his  discretion,  shall  decide  that  the  said  property 
is  needed  for  the  uses  of  the  United  States  or  that  the  requirements  of  this  act 
are  not  strictly  observed. 

FORT  KNOX. 

This  reservation  is  situated  on  the  west  bank  of  the  Penobscot 
River,  opposite  the  town  of  Bucksport,  in  Waldo  County,  and,  ex- 
clusive of  roads,  contains  an  area  of  124.50  acres. 


156  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

Title. — 1.  Deed  from  John  Pierce,  dated  September  4,  1843,  con- 
veying 52  acres  and  135  rods.  Recorded  in  volume  46,  page  338,  of 
the  deed  records  of  Waldo  County. 

2.  Deed  from  Hannah  R.  Harriman  et  al.,  dated  September  4, 
1843,  conveying  4  acres.     Recorded  in  volume  46,  page  339,  of  same 
records. 

3.  Deed  from  William  French,  dated  September  25,  1843,  convey- 
ing 7  acres  and  79  rods.     Recorded  in  volume  46,  page  509,  of  same 
records. 

4.  Deed  from  Daniel  H.  Harriman,  dated  December  16,  1843,  con- 
veying two  undivided  third  parts  of  land  described  therein.     Re- 
corded in  volume  46,  page  536,  of  same  records. 

5.  Deed  from  William  French,  dated  March  23,  1844,  conveying  50 
acres  (including  the  7  acres  and  79  rods  in  deed  marked  herein  as 
"3").     Recorded  in  volume  50,  page  178,  of  same  records. 

6.  Deed  from  John  Lee,  dated  March  -23,  1844,  conveying  a  plat  of 
about  0.50  acre  at  the  ferry  site.     Recorded  in  volume  50,  page  180, 
of  same  records. 

Jurisdiction. — By  an  act  of  the  State  legislature,  approved  March 
12,  1844,  jurisdiction  was  authorized  to  be  ceded  by  the  governor. 
The  act  provides  as  follows: 

SECTION  1.  The  consent  of  this  Legislature  is  hereby  granted  that  the  United 
States  may  purchase  at  the  narrows  of  the  Penobscot  River  in  the  town  of  Pros- 
pect and  County  of  Waldo,  the  following  lands  namely  :  the  farm  of  John  Pierce, 
also  another  parcel  of  land  adjoining  tho  same,  belonging  to  the  widow  and 
heirs  of  Benjamin  Harriman,  deceased;  also  a  small  parcel  of  land  adjoining 
the  second  parcel,  being  about  half  an  acre,  belonging  to  John  Lee;  also  the 
farm  of  William  French,  adjoining  the  farm  of  said  Pierce,  or  of  so  much  of 
said  parcels  of  land  as  the  United  States  may  be  desirous  of  purchasing. 

SEC.  2.  After  the  United  States  shall  have  purchased  the  aforesaid  lands, 
or  so  much  thereof  as  they  wish,  and  after  they  shall  have  surveyed  the  same, 
upon  application  of  the  United  States  to  the  Governor,  for  jurisdiction,  de- 
scribing the  land  purchased  by  metes  and  bounds,  the  Governor,  with  the  advice 
and  consent  of  Council,  shall  be  and  he  hereby  is  authorized  to  code  jurisdic- 
tion over  so  much  of  said  lands,  to  the  United  States,  as  shall  have  been  pur- 
chased by  them  for  the  purpose  of  erecting  fortifications  and  other  purposes  of 
national  defense;  reserving  therein  and  thereby  to  the  State  its  jurisdiction, 
so  far  as  to  have  a  right  to  execute  within  tho  limits  of  the  tract  so  ceded,  all 
civil  and  criminal  processes  lawfully  issued  under  the  authority  of  the  State. 

Deed  from  the  governor  of  the  State  ceding  jurisdiction  to  the 
United  States,  in  accordance  with  the  foregoing  act  of  the  State 
legislature,  was  duly  executed  November  28,  1844,  and  recorded  in 
the  office  of  the  secretary  of  state. 

See  also  "  General  act  of  cession." 

FORT   LEVETT. 

This  reservation  is  situated  on  the  southerly  side  of  Gushing  Island, 
in  Portland  Harbor,  in  the  county  of  Cumberland,  and  includes  also 
the  land  which  lies  between  high  and  low  water  mark  in  front  of 
said  reservation.  It  contains  an  area  of  about  125.68  acres,  with 
metes  and  bounds  as  given  in  G.  O.,  No.  63.  W.  D.,  1908. 

Title. — 1.  Decree  of  condemnation  of  said  property,  including  right 
of  way,  all  easements,  etc.,  in  a  certain  cause  wherein  the  United 
States  was  plaintiff  and  Francis  Gushing  et  al.  were  defendants  in 
the  District  Court  of  the  United  States  for  the  District  of  Maine. 


MAINE.  157 

Decree  rendered  March  1,  1894;  filed  and  recorded  in  the  clerk's 
office  of  said  court. 

2.  Deed  from  Francis  Gushing,  dated  March  27,  1894,  conveying 
the  land  between  high  and  low  water  mark,  wharf,  etc.    Recorded  in 
the  office  of  the  register  of  deeds  for  Cumberland  County,  in  book 
No.  611,  page  433. 

3.  Decree  of  condemnation  for  92.28  acres  in  a  cause  entitled-"  The 
United  States  v.  Francis  dishing  et  al.,"  in  the  United  States  Circuit 
Court  for  the  District  of  Maine.    Copy  of  final  decree  of  court  en- 
tered February  1,  1904,  and  recorded  in  book  747,  page  158,  of 
same  records. 

4.  Deed  from  Francis  Cushing,  dated  February  4,  1908,  conveying 
right  and  privilege  of  laying  underground  cables,  etc.,  for  connecting 
the  military  and  other  work  at  Cushing  Island.     Recorded  in  office 
of  register  of  deeds,  Cumberland  County,  April  8,  1908,  in  book  820, 
page  347. 

Revocable  license. — June  24,  1912,  to  the  Peaks  Island  Corporation, 
to  lay  a  temporary  water  main  for  summer  service  across  the  reser- 
vation. 

Jurisdiction. — See  "  General  act  of  cession." 

LONG   ISLAND. 

This  reservation  is  situated  on  Long  Island,  in  Portland  Harbor, 
and  contains  9.594  acres. 

Title. — Decree  of  condemnation  for  9.594  acres  in  the  Circuit  Court 
of  the  United  States  for  the  First  Circuit,  District  of  Maine,  in  a 
cause  entitled  "  The  United  States  v.  Jeremiah  M.  Johnson  et  al." 
Final  order  of  court  entered  February  1,  1904,  and  recorded  in  book 
747,  page  158,  of  the  records  of  Cumberland  County. 

Jurisdiction. — See  "  General  act  of  cession." 

FORT  LYON. 

This  reservation  is  situated  in  Cumberland  County,  in  Cascp  Bay, 
and  comprises  all  of  Cow  Island,  with  its  shores,  etc.,  containing  an 
area  of  about  22  acres. 

Title. — Deed  from  Mary  L.  Deering  et  al.,  dated  November  29, 
1873,  conveying  Cow  Island,  with  an  area  of  22  acres,  the  shores,  etc. 
Recorded  in  book  410,  page  56,  and  plat  in  plan  book  3,  page  46,  of 
the  deed  records  of  Cumberland  County. 

Jurisdiction. — See  "  Fort  Gorges  "  and  "  Fort  Preble  " ;  also  "  Gen- 
eral act  of  cession." 

FORT  M 'KIN  LEY. 

This  reservation  is  situated  on  Great  Diamond  Island  (formerly 
known  as  Great  Hog  Island),  Portland  Harbor,  and  contains  about 
111  acres. 

Title. — 1.  Deed  from  Mary  L.  Deering  et  al.,  dated  November  29, 
1873,  conveying  70  acres,  shores,  right  of  way,  etc.  Recorded  in 
book  410,  page  53,  and  plat  in  plan  book  3,  page  46,  of  the  registry 
of  deeds  in  Cumberland  County. 

2.  Quitclaim  deed  from  Alice  P.  Anderson,  dated  November  29, 
1873,  conveying  all  above-described  lands  on  Great  Hog  Island. 


158  UNITED    STATES    MILITABY    RESERVATIONS,  ETC. 

3.  Decree  of  condemnation,  The  United  States  v.  The  Diamond 
Island  Association  et  al.,  in  the  Circuit  Court  of  the  United  States, 
District  of  Maine.  Rendered  June  18,  11)01,  and  filed  in  clerk's 
office  of  said  court. 

Revocable  license. — March  9,  1906,  to  E.  F.  Morgan  Co.,  to  con- 
struct, operate,  and  maintain  a  laundry. 

Jurisdiction— See  "  Fort  Gorges  "  and  "  Fort  Preble  ";  also  "  Gen- 
eral act  of  cession." 

FORT  MACHIAS. 

This  reservation  is  situated  on  the  Machias  River,  at  Machiasport, 
in  W^i11^011  County,  and  contains  about  2  acres. 

Title. — 1.  Deed  from  William  Sanborn  and  wife,  dated  November 
16,  1809,  conveying  84.75  rods.  Recorded  in  book  6,  page  80,  of 
the  deed  records  of  Washington  County. 

2.  Deed  from  Benjamin  Berry  and  wife,  dated  November  16.  1809, 
conveying  224  rods  and  10  links.  Recorded  in  book  6,  page  88,  of 
same  records. 

Jurisdiction. — See  "  General  act  of  cession." 

FORT    MADISON. 

This  reservation  is  situated  at  Castine,  on  the  bay  of  that  name, 
in  Hancock  County,  and  contains  an  area  of  3  acres. 

Title. — Deed  from  Joseph  Perkins  and  wife  to  James  Madison, 
President,  etc..,  his  successors,  etc.,  dated  April  1,  1809.  Recorded  in 
book  27,  page  105,  of  the  deed  records  of  Hancock  County. 

License  by  act  of  Congress,  approved  July  30,  1894  (28  Stat,  159), 
to  town  of  Castine,  Me.,  to  improve,  occupy,  and  control  this  reserva- 
tion for  purposes  of  a  public  park,  the  right  being  reserved  to  the 
United  States  to  resume  possession  at  any  time.  Plans  of  improve- 
ment approved  by  the  Secretary  of  War  October  11,  1894. 

Jurisdiction. — See  "  General  act  of  cession." 

FORT    McCLARY. 

This  reservation  is  situated  in  York  County,  on  Kittery  Point,  a 
projection  into  the  Piscataqua  River  opposite  Fort  Constitution  in 
Portsmouth  Harbor,  3J  miles  from  Portsmouth,  N.  H.,  and  contains 
an  area  of  about  27.45  acres. 

Title.— I.  Deed  from  Mercy  Follett,  dated  May  22,  1846,  convey- 
ing 1  acre  and  49  rods.  Recorded  in  book  189,  page  251,  of  the  deed 
records  of  York  County. 

2.  Deed  from  Robert  G.  Safford  and  wife,  dated  May  22,  1846, 
conveying  10  acres  and  143  rods.    Recorded  in  book  189,  pages  251- 
252,  of  same  records. 

3.  Deed  from  Roger  Deering  and  wife,  dated  May  22, 1846,  convey- 
ing 13  acres  and  62  rods.    Recorded  in  book  189, 'pages  252-253,  of 
same  records. 

4.  Deed  from  Isaac  I.  Stevens,  dated  October  14,  1846,  conveying 
1  acre  and  49  rods.    Recorded  in  book  190,  pages  264-265,  of  same 
records. 

5.  Deed  from  Isaac  I.  Stevens,  dated  October  14,  1846,  conveying 
13  acres  and  62  rods.    Recorded  in  book  190,  pages  263-264,  of  same 
records. 


MAINE.  159 

6.  Deed  from  Isaac  I.  Stevens,  dated  October  14,  1846,  conveying 
10  acres  and  143  rods.     Recorded  in  book  190,  page  263,  of  same 
records. 

7.  Deed  from  the  Inhabitants  of  School  District  No.  12,  dated  June 
22,  1893,  conveying,  by  way  of  exchange,  a  tract  of  land  described. 
Recorded  in  book  458,  page  527,  of  same  records.    The  United  States, 
as  a  consideration,  conveyed  to  said  school  district  a  tract  oLland 
described  in  a  deed  executed  on  the  4th  day  of  December,  1893,  by 
the  Secretary  of  War,  and  recorded  in  said  deed  records.    The  said 
exchange  was  authorized  on  the  part  of  the  school  district  at  an 
annual  meeting  held  March  29,  1893,  as  shown  by  the  records  of  said 
district  at  Kittery  Point,  and  was  made  by  the  Secretary  of  War 
under  and  by  virtue  of  the  provisions  of  an  act  of  Congress  approved 
January  23,  1893.     (27  Stat.,  421.) 

8.  Title  to  and  jurisdiction  over  the  original  site  of  Fort  McClary 
containing  1.87  acres  were  ceded  by  an  act  of  the  General  Court  of 
Massachusetts,  approved  March  12,  1808,  as  follows: 

SECTION  1.  Be  it  enacted,  etc.,  That  all  the  right  and  title  of  this  Common- 
wealth to  a  certain  piece  of  land  in  Kittery,  in  the  County  of  York  and  Com- 
monwealth aforesaid,  called  Battery  Pasture,  on  which  a  Fortification  formerly 
stood ;  and  is  bounded  on  the  North  by  the  Road,  on  the  west  by  Frollet,  on  the 
South  by  the  River,  and  on  the  east  by  Frollet,  and  contains  one  acre  and  one 
hundred  and  thirty-nine  rods,  as  will  appear  by  a  report  made  to  the  Hon. 
David  Sewall,  Esq.,  Agent  for  this  Commonwealth,  by  Benjamin  Parker,  Sur- 
veyor, about  the  year  Seventeen  hundred  and  ninety-eight,  be  and  hereby  is 
granted  and  ceded  to  the  United  States,  for  the  sole  purpose  of  erecting  Fortifi- 
cations for  the  defence  of  the  United  States. 

SEC.  2.  Be  it  further  enacted,  That  the  cession  aforesaid  is  granted  upon  the 
express  condition  that  this  Commonwealth  shall  retain  a  concurrent  jurisdic- 
tion with  the  United  States  in  and  over  the  tract  of  land  aforesaid,  so  far  as 
that  all  civil  and  such  criminal  processes  as  may  issue  under  the  authority  of  this 
Commonwealth  against  any  person  or  persons  charged  with  crimes  committed 
without  the  said  tract  of  land  may  be  executed  therein,  in  the  same  way  and 
manner  as  though  this  cession  had  not  been  made. 

Easement. — Act  of  Congress  approved  June  18, 1888  (25  Stat..  188), 
granted  to  the  York  Harbor  &  Beach  Railroad  Co.  a  right  of  way 
4  rods  in  width  across  the  reservation. 

Lease. — November  27,  1912,  to  Horace  Mitchell,  of  Kittery  Point, 
Me.,  of  the  reservation  for  a  term  of  five  years  from  November  1. 
1912. 

Revocable  licenses. — May  8,  1897,  to  the  Portsmouth,  Kitterv  & 
York  Street  Railway  Co.  to  construct  and  maintain  an  electric  street 
railway  over  the  roadway  through  the  reservation. 

August  21, 1907,  to  the  Kittery  water  district  to  lay  and  maintain  its 
water  pipes  or  mains  in  the  present  road  through  the  reservation. 

August  22,  1907.  to  the  New  England  Telephone  &  Telegraph  Co. 
to  construct  a  telephone  line  on  poles  along  the  north  side  of  the  road 
through  the  reservation. 

Jurisdiction.— See  8.  supra,  as  to  original  site. 

Jurisdiction  over  the  additions  to  the  original  site  was  ceded  by 
the  following  act  of  the  State  legislature  of  Maine,  approved  June 
31,  1846: 

Be  it  enacted,  etc., 

SECTION  1.  The  consent  of  this  state  is  hereby  granted  to  the  United  States 
to  purchase  an  additional  tract  of  land,  not  exceeding  in  quantity  thirty  acres, 
lying  adjacent  to  the  present  site  of  Fort  McClary,  in  Kittery,  county  of  York, 

12925°— 16 11 


160  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

for  military  purposes ;  the  evidence  of  the  purchase  aforesaid  to  be  entered  and 
recorded  in  the  Registry  of  Deeds,  in  the  county  of  York,  and  State  of  Maine ;  and 
the  jurisdiction  over  the  said  tract  of  land,  is  hereby  granted  and  ceded  to  the 
United  States ;  provided  always,  and  the  cession  and  consent  aforesaid  are 
granted  upon  the  express  condition  that  this  State  shall  retain  a  concurrent 
jurisdiction  with  the  United  States  in  and  over  the  tract  aforesaid,  so  far  that  all 
civil  and  such  criminal  processes  as  may  issue  under  the  authority  of  this  State 
against  any  person  or  persons  charged  with  crimes  committed  without  the  said 
tract  may  be  executed  therein  in  the  same  way  and  manner  as  though  this  cession 
and  consent  had  not  been  made  and  granted. 

SEC.  2.  The  property  over  which  jurisdiction  is  granted  by  this  act,  shall  be 
exonerated  and  discharged  from  all  taxes  and  assessments,  which  may  be  laid 
or  imposed  under  the  authority  of  this  state  while  the  said  tract  shall  remain  the 
property  of  the  United  States,  and  shall  be  used  for  the  purposes  intended  by 
this  act. 

See  also  "  General  act  of  cession." 

MILITIA  TARGET  RANGE. 

This  range  is  situated  in  the  city  of  Auburn,  Androscoggin  County, 
and  contains  70  acres. 

Title. — 1.  Deed  from  John  F.  Moody,  unmarried,  dated  June  22, 
1908,  conveying  60  acres.  Recorded  in  book  225,  page  600  of  the  deed 
records  of  Androscoggin  County. 

2.  Deed  from  Perley  H.  Littlefield  and  wife,  dated  December  24, 
1910,  conveying  10  acres  adjoining  the  above.  Recorded  in  book  241, 
page  575,  of  same  records. 

NARROWS   ISLAND. 

This  reservation  is  situated  on  Narrows  Island,  in  Damariscotta 
River,  Boothbay,  in  Lincoln  County,  and  contains  an  area  of  2.75 
acres. 

Title. — Deed  from  John  A.  Kennedy,  dated  August  6, 1808,  convey- 
ing 2.75  acres.  Recorded  in  liber  67,  folio  33,  of  the  deed  records  of 
Lincoln  County. 

Jurisdiction. — See  "  General  act  of  cession." 

PEAKS  ISLAND. 

This  reservation  is  situated  on  Peaks  Island  in  Portland  Harbor, 
and  contains  19.76  acres. 

Title. — Deed  from  Herbert  N.  Humphrey  et  al..  dated  September 
26,  1906,  conveying  four  lots  or  parcels  of  land  aggregating  19.76 
acres.  Recorded  in  book  804,  page  223,  of  the  records  of  Cumberland 
County. 

Revocable  license. — September  22,  1913,  to  the  Peaks  Island  Cor- 

S oration  to  locate  a  temporary  gas  main  inside  the  western  boundary 
ne  of  the  reservation. 
Jurisdiction. — See  "  General  act  of  cession." 

FORT  POPHAM. 

This  reservation  is  situated  on  Hunnewells  Point,  in  the  town  of 
Phipsburg,  west  bank  of  the  Kennebec  River,  near  its  mouth,  and 
about  10  miles  below  the  city  of  Bath,  in  the  county  of  Sagadahoc. 
It  contains  an  area  of  6|  acres,  3  J  of  which  are  flats. 


MAINE.  161 

Title. — 1.  Deed  from  Joshua  Sharr,  dated  June  21, 1808,  conveying 
2  acres.  JRecorded  in  liber  70,  folio  6,  of  the  deed  records  of  Lincoln 
County. 

2.  Deed  from  Nathaniel  Perkins  et  al.,  dated  June  22, 1863,  convey- 
ing weir  privileges,  etc.    Recorded  in  volume  22,  pages  71  to  74,  inclu- 
sive, of  the  deed  records  of  Sagadahoc  County. 

3.  Deed  from  Thomas  Spinney  et  al.,  dated  June  22,  1863,  convey- 
ing flats,  beach,  fishing  privileges,  etc.    Recorded  in  volume  22,  pages 
68  to  71,  inclusive,  of  same  records. 

4.  Deed  from  Charles  A.  Clark  and  wife,  dated  June  1,  1863,  con- 
veying all  the  lands  and  flats  owned  by  the  grantor  on  Hunnewells 
Point,  etc.    Recorded  in  volume  22,  pages  78  to  82,  inclusive,  of  same 
records. 

5.  Condemnation  proceedings  involving  the  lands,  etc.,  in  forego- 
ing deeds,  marked  Nos.  2,  3,  and  4.    Decree  entered  of  record  in  the 
office  of  the  county  commissioners  of  Sagadahoc  County,  June  4, 
1862. 

Revocable  licenses. — September  22,  1882,  to  the  Treasury  Depart- 
ment to  use  a  portion  of  the  reservation  for  life -saving  purposes. 

December  13,  1902,  to  the  Treasury  Department  to  build  a  fog-bell 
house  and  a  footbridge  and  walk  leading  to  it. 

Jurisdiction. — Ceded  to  the  United  States  by  the  act  of  the  State 
legislature  approved  April  17,  1857  (for  which  see  "Fort  Gorges"), 
and  by  the  following  act,  approved  January  9,  1862 : 

Be  it  enacted,  etc., 

SECTION  1.  The  United  States  may  hold  forever  for  the  erection  and  maintain- 
ing of  a  fort  thereupon,  certain  territory  situated  at  Hunnewell's  point,  at  the 
mouth  of  the  Kennebec  river,  in  the  town  of  Phipsburg,  within  the  county  of 
Sagadahoc,  included  within  the  following  boundaries,  to  wit :  Beginning  at  the 
limits  of  the  land  of  the  United  States  on  Adkins  bay  at  low  water ;  thence  run- 
ning by  low  water  westerly  to  a  point  fourteen  rods  west  of  the  old  wharf; 
thence  south  thirty-one  degrees  east,  three  hundred  and  fourteen  feet  to  a  point 
abreast  of,  and  seven  rods  from,  the  first  ledge  of  rocks ;  thence  southerly  six 
degrees  east,  to  high  water  mark,  on  land  owned  by  George  Irvin;  thence  by 
high  water  mark  to  Larcy's  rock;  thence  easterly  by  said  rock  to  low  water 
mark ;  thence  by  low  water  mark  to  land  owned  by  the  United  States ;  thence 
by  said  land  to  the  place  of  beginning,  and  containing  five  and  a  quarter  acres, 
with  all  the  buildings,  structures,  and  improvements  of  every  kind  situated 
thereon ;  reserving  such  jurisdiction  as  the  state  has  in  other  places  within  the 
same,  ceded  to,  or  held  by  the  United  States  for  similar  purposes;  Provided, 
That  the  United  States  shall  pay  to  the  owners  of  said  estate  such  compensation 
as  shall  be  ascertained  in  the  manner  prescribed  by  this  act  as  hereinafter 
provided. 

See  also  "  General  act  of  cession." 

FORT  PREBLE. 

This  reservation  is  situated  on  the  east  side  of  Portland  Harbor 
at  Spring  Point,  2  miles  from  the  city  of  Portland,  in  Cumberland 
County,  and  contains  an  area  of  about  30.177  acres,  with  metes  and 
bounds  as  published  in  G.  O.  194,  W.  D.,  Sept.  16,  1907. 

Title. — 1.  Deed  from  Ebenezer  Thrasher  and  wife,  dated  Febru- 
ary 29,  1808,  conveying  5  acres.  Eecorded  in  liber  53,  folio  533, 
etc.,  of  the  deed  records  of  Cumberland  County. 

2.  Deed  from  Robert  Thrasher  et  al.,  dated  April  16,  1833,  convey- 
ing two-thirds  interest  in  2  acres.  Recorded  in  book  132,  page  642, 
of  same  records. 


162  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

3.  Deed  from  John  D.  Buzzell,  guardian,  etc.,  dated  May  9,  1883, 
conveying  one-third  interest  in  2  acres.     Recorded  in  book  133,  pages 
191-192,  of  same  records. 

4.  Deed  from  Horace  M.  Day  and  wife  et  al.,  dated  April  8,  1871, 
conveying  the  tract  therein  described.     Recorded  in  book  384,  page 
420,  of  same  records. 

5.  Deed  from  James  B.  Thornton,  dated  April  11,  1871,  conveying 
by  way  of  release  all  interest  in  land  described  in  deed  marked  "  4." 
Recorded  in  book  382,  page  267,  of  same  records. 

6.  Deed  from  Lucretia  T.  Adams  and  John  Adams,  dated  April  14. 
1871,  conveying  lots  20  to  31,  inclusive,  and  other  tracts  of  the  estate 
of  Ebenezer  Thrasher,  deceased.     Recorded  in  book  383.  page  530. 
and  their  power  of  attorney,  recorded  in  book  384,  page  402,  of  same 
records. 

7.  Deed  from  Sarah  J.  T.  Libby,  dated  April  14,  1871,  conveying 
certain  land  near  Fort  Preble.     Recorded  in  book  383,  page  534,  of 
same  records. 

8.  Deed  from  Reuben  S.  Smart  and  wife,  dated  April  14,  1871, 
conveying  land  near  Fort  Preble.     Recorded  in  book  383,  page  531, 
of  same  records. 

9.  Deed  from  Henry  S.  Thrasher  and  wife,  dated  April  14.  1871, 
conveying  land  near  Fort  Preble.     Recorded  in  book  383,  page  r>:'.r>. 
of  same  records. 

10.  Deed  from  Lydia  B.  Thrasher,  dated  April  14,  1871,  conveying 
all  her  interest  in  certain  land  as  the  widow  of  Ebenezer  Thrasher. 
deceased.     Recorded  in  book  383,  page  532,  of  same  records. 

11.  Deed  from  Edward  M.  Tucker,  dated  April  14,  1871.  convoy- 
ing lots  1  and  2  of  estate  of  Ebenezer  Thrasher,  deceased.     Recorded 
in  book  383,  page  533,  of  same  records. 

12.  Deed  from  Deborah  Fisher  and  G.  S.  Fisher,  dated  May  111. 
1871,  conveying  lots  16,  17,  18,  19,  32,  33,  34,  35,  36,  37,  and  3«s  of  tho 
estate  of  Ebenezer  Thrasher,  deceased;  also  all  his  interest,  etc..  in 
lots  5  and  6  of  said  estate  and  other  property  described.     Recorded 
in  book  387,  page  148,  of  same  records. 

13.  Deed  from  Deborah  Fisher  and  husband,  dated  November  21, 
1871,  conveying  lot  15  of  the  estate  of  Ebenezer  Thrasher,  decreased. 
Recorded  in  book  389,  page  309,  of  same  records. 

14.  Deed  from  Paulina  T.  Grant  and  husband,  dated  October  27. 

1874,  conveying  9,024  square  feet  of  land,  etc.     Recorded  in  book  41 1 . 
page  496,  of  same  records. 

15.  Deed  from  George  W.  Libby,  dated  December  29,  1874,  con- 
veying 3,300  square  feet  of  land.    Recorded  in  book  414,  page  219,  of 
same  records. 

16.  Deed  from  Paulina  T.  Grant  and  husband,  dated  February  3. 

1875,  conveyance  to  correct  descriptions  in  former  deeds.    Record ed 
in  book  416,  page  557,  of  same  records. 

17.  Deed  from  Bridget  Brown  and  husband,  dated  February  16, 
1875,  conveying  3,000  square  feet  of  land.     Recorded  in  book  414, 
page  274,  of  same  records. 

18.  Deed  from  Lewis  Piper,  dated  February  16,  1875,  conveying 
(by  release)   the  land  conveyed  by  Bridget  Brown  to  the  United 
States.    Recorded  in  book  408,  page  413,  of  same  records. 


MAINE.  163 

19.  Deed  from  Paulina  T.  Grant  and  husband,  dated  May  30,  1876, 
conveying  16,400  square  feet  of  land.    Recorded  in  book  431,  page 
183,  of  same  records. 

20.  Deed  from  Reuben  S.  Smart  and  wife,  dated  June  28,  1876, 
conveying  27,437  square  feet  of  land  and  a  certain  right  of  way. 
Recorded  in  book  434,  page  98,  of  same  records. 

21.  Deed  from  Joseph  M.  York  and  wife,  dated  June  28,  1876r con- 
veying 7,060  square  feet  of  land,  etc.     Recorded  in  book  429,  page 
524,  of  same  records. 

22.  Deed  from  Leander  S.  Arey  et  al.,  dated  September  18,  1896, 
conveying  48  square  rods.    Recorded  in  book  644,  page  37,  of  same 
records. 

23.  Deed  from  William  W.  Goold,  dated  September  18,  1896,  con- 
veying a  tract  of  land  in  South  Portland  formerly  Cape  Elizabeth, 
therein  described.    Recorded  in  book  644,  page  38,  of  same  records. 

24.  Deed  from  William  Goddard  et  al.,  dated  September  18,  1896, 
conveying  as  heirs  at  law  of  Hannah  Goddard,  deceased,  their  inter- 
est in  lands  near  Fort  Preble.     Recorded  in  book  644,  page  80,  of 
same  records. 

25.  Deed  from  George  W.  Libby,  dated  September  19, 1896,  convey- 
ing 3,685  square  feet  of  land.    Recorded  in  book  644,  page  40,  of  same 
records. 

26.  Deed  from  Catherine  Green,  dated  September  19,  1896,  con- 
veying 10,635  square  feet  of  land.    Recorded  in  book  644,  page  39, 
of  same  records. 

27.  Deed  from  Charles  W.  Bray,  dated  March  23,  1900,  conveying 
certain  land  therein  described.    Recorded  in  book  688,  page  250,  of 
same  records. 

28.  Deed  from  Adelaide  M.  Bray,  dated  March  24,  1900,  convey- 
ing certain  land  therein  described.    Recorded  in  book  688,  page  249, 
of  same  records. 

29.  Deed  from  Adelaide  M.  Bray,  dated  October  2,  1901,  convey- 
ing about  62,616  square  feet.     Recorded  in  book  709,  page  271,  of 
same  records. 

30.  Deed  from  Charles  W.  Bray,  dated  October  2,  1901,  conveying 
15,927  square  feet.    Recorded  in  book  709,  page  270,  of  same  records. 

Jurisdiction. — Ceded  by  an  act  of  'he  general  court  of  the  State  of 
Massachusetts  passed  March  12, 1808,  for  which  see  "  Fort  Scammel," 
and  see  also  an  act  of  the  State  Legislature  of  Maine  approved  Feb- 
ruary 18, 1871,  which  provides  as  follows: 

SECTION  1.  In  accordance  with  the  Constitution  of  the  United  States,  article 
one,  section  eight,  clause  seventeen,  and  acts  of  Congress  in  such  cases  pro- 
vided, the  consent  of  the  legislature  is  given  to  the  purchase  by  the  govern- 
ment of  the  United  States,  or  under  its  authority,  of  any  tract  of  land,  from 
any  individuals  or  bodies  politic  or  corporate,  within  the  state,  for  the  erection 
of  light-houses  and  other  needful  public  buildings;  and  all  deeds  and  convey- 
ances or  title-papers  for  the  same,  shall  be  recorded  upon  the  land  records  of 
the  county  in  which  the  land  so  conveyed  may  lie ;  and  in  like  manner  may  be 
recorded,  a  sufficient  description,  by  metes  and  bounds,  courses  and  distances, 
of  any  tracts  and  legal  divisions,  of  any  public  land  belonging  to  the  United 
States,  set  apart  by  the  general  government  for  either  of  the  purposes  before 
mentioned,  by  an  order,  patent,  or  other  official  paper,  so  describing  such  land. 

SEC.  2.  Lands  so  selected,  with  the  tenements  and  appurtenances  for  the 
purposes  before  mentioned,  are  exempt  from  taxation  by  the  State. 

See  also  "  General  act  of  cession." 


164  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

ST.  GEORGES. 

This  reservation,  also  known  as  Robinsons  Point,  is  situated  on 
the  eastern  side  of  St.  Georges  River,  in  the  town  of  St.  George,  in 
Knox  County  (formerly  in  Lincoln  County),  and  contains  2  acres,  2 
roods,  and  20  rods. 

Title. — Deed  from  Joseph  Robinson,  dated  September  22,  1908, 
conveying  the  above  site.  Recorded  in  liber  64,  folio  126,  of  the  deed 
records  of  Lincoln  County. 

Jurisdiction. — See  "  General  act  of  cession." 

FORT  SCAM  MEL. 

This  reservation  is  situated  on  the  southwestern  part  of  House  Is- 
land, near  the  entrance  to  Portland  Harbor,  in  Cumberland  County, 
and  contains  an  area  of  12  acres. 

Title. — Deed  from  John  Green  Walden  and  wife,  dated  February 
29,  1808,  conveying  the  12  acres  of  land.  Recorded  in  liber  53,  folio 
531,  etc.,  of  the  deed  records  of  Cumberland  County. 

Revocable  license. — March  3,  1914,  to  the  Department  of  Com- 
merce to  establish  a  light  on  the  reservation. 

Jurisdiction. — This  territory  being  at  the  date  of  the  above  deed  a 
part  of  the  Commonwealth  of  Massachusetts,  jurisdiction  was  ceded 
by  an  act  of  the  general  court  of  that  Commonwealth  approved 
March  12,  1808,  as  follows: 

SECTION  1.  Be  it  enacted,  etc.,  That  there  be  and  hereby  is  ceded  to  the 
United  States  of  America  the  jurisdiction  of  the  southwest  end  of  House  Island, 
near  the  entrance  of  Portland  Harbor,  the  northeast  boundary  of  which  land, 
is  a  line  commencing  at  a  large  brown  rock  six  rods  from  high-water  mark; 
thence  south  thirty-seven  degrees  east,  five  rods  across  the  narrow  part  of  said 
Island,  also  five  acres  of  land  situate  on  the  extreme  end  of  spring  point,  oppo- 
site said  House  Island,  for  the  purpose  of  erecting  Batteries,  and  other  works 
for  the  defence  of  Portland  harbor,  which  lands  shall  be  laid  out,  at  or  before 
the  time  of  erecting  of  such  public  works  and  a  description  thereof  in  writing 
entered  in  the  registry  of  deeds  in  the  County  of  Cumberland. 

SEC.  2.  That  this  Commonwealth  shall  have  concurrent  jurisdiction  with  the 
United  States,  in  and  over  the  said  lands,  so  far  as  that  all  civil  and  criminal 
processes,  issued  under  the  authority  of  this  Commonwealth  or  any  officer 
thereof,  may  be  executed  on  any  part  of  said  granted  premises,  or  in  any  build- 
ing thereon  to  be  erected,  in  the  same  way  and  manner,  as  if  the  jurisdiction 
had  not  been  granted  as  aforesaid. 

See  also  "  Fort  Gorges  "  and  "  General  act  of  cession." 

SUGAR  LOAF  ISLAND    (NORTH  AND  SOUTH). 

This  reservation  is  situated  at  the  entrance  to  Kennebec  River. 
Title  and  jurisdiction. — Ceded  to  the  United  States  for  fortifica- 
tion purposes  by  act  of  the  State  legislature  approved  April  17,  1857. 
See  "  Fort  Gorges." 

FORT  WILLIAMS. 

This  reservation  is  situated  at  Portland  Head,  in  the  town  of  Cape 
Elizabeth,  Cumberland  County,  and,  together  with  the  premises  oc- 
cupied for  lighthouse  purposes,  contains  an  area  of  about  75.72  acres, 
with  metes  and  bounds  as  published  in  G.  O.  55,  W.  D.,  April  13, 
1908. 


MARYLAND.  165 

Title. — 1.  Deed  from  Asa  T.  Webster  and  wife,  dated  January  19, 

1872,  conveying  14  acres.    Recorded  in  book  388,  page  567,  of  the  deed 
records  of  Cumberland  County. 

2.  Deed  from  George  C.  Thompson  and  wife,  dated  October  14. 

1873,  conveying  tract  conveyed  to  him  by  the  sheriff,  etc.    Recorded 
in  book  407,  page  189,  of  same  records. 

3.  Deed  from  William  L.  Pennell,  sheriff,  etc.   (in  condemnation 
proceedings),  dated  October  14,  1873,  conveying  9  acres.    Recorded 
in  book  406,  page  181,  of  same  records;  and  the  following  deed  for 
the  same  tract: 

4.  Deed  from  Benjamin  B.  Dyer  and  wife,  dated  November  26, 
1873,  conveying  9  acres.    Recorded  in  book  407,  page  190,  of  same 
records. 

5.  Deed  from  William  L.  Pennell,  sheriff,  etc.   (in  condemnation 
proceedings),  dated  October  14,  1873,  conveying  13  acres.    Recorded 
in  bcok  406,  page  177,  of  same  records. 

6.  Deed  from  Green  Walden  and  wife,  dated  November  10,  1873, 
conveying  0.50  acre.     Recorded  in  book  407,  page   140,  of  same 
records. 

7.  Deed  from  Joseph  D.  Symonds,  dated  March  1,  1900,  conveying 
9  acres,  more  or  less,  with  certain  rights  and  privileges.     Recorded 
in  book  687,  page  390,  of  same  records. 

8.  Deed  from  Georgiana  Thompson  et  al.,  dated  April  9,  1900, 
conveying  12.50  acres  with  the  buildings  thereon.    Recorded  in  book 
688,  page  239,  of  same  records. 

9.  Decree  of  United  States  district  court,  February  12,  1903,  vest- 
ing title  in  United  States  to  17.72  acres,  property  of  Arabella  Dyer; 
recorded  in  book  730,  page  16,  of  same  records. 

Revocable  licenses. — September  — ,  1900,  to  the  selectmen  of  the 
town  of  Cape  Elizabeth  to  straighten,  widen,  and  maintain  the 
road  along  the  west  side  of  the  reservation. 

March  8,  1906,  to  New  England  Telephone  &  Telegraph  Co.  for 
telephone  line. 

Jurisdiction. — See  "General  act  of  cession,"  "Fort  Gorges,"  and 
"  Fort  Preble." 

MARYLAND. 

GENERAL  ACTS  OF  CESSION. 

17.  Jurisdiction  is  hereby  ceded  to  the  United  States  over  such  lands  as  shall  be 
condemned  as  aforesaid  for  their  use  for  public  purposes,  as  soon  as  the  same  shall 
be  condemned,  under  the  sanction  of  the  general  assembly  of  this  State  herein- 
before given  to  said  condemnation ;  provided,  always,  that  this  State  shall  retain 
concurrent  jurisdiction  with  the  United  States  in  and  over  all  lands  condemned 
under  the  provisions  of  this  article,  so  far  as  that  all  processes,  civil  and  crimi- 
nal, issuing  under  the  authority  of  this  State,  or  any  of  the  courts  or  judicial 
officers  thereof,  may  be  executed  on  the  premises  so  condemned,  and  in  any 
building  erected  or  to  be  erected  thereon,  in  the  same  way  and  manner  as  if  this 
article  had  not  been  passed ;  and  exclusive  jurisdiction  shall  revert  to  and  revest 
in  the  State,  whenever  the  said  premises  shall  cease  to  be  owned  by  the  United 
States  and  used  for  some  of  the  purposes  mentioned  in  this  article. 

18.  All  the  lands  that  may  be  condemned  under  the  provisions  of  this  article, 
and  the  buildings  and  improvements  erected  or  to  be  erected  thereon,  and  the 
personal  property  of  the  United  States,  and  of  the  officers  thereof,  \vhen  upon 
said  land,  shall  be  exonerated  and  exempted  from  taxation  for  State  and  county 
purposes,  so  long  as  the  said  land  shall  continue  to  be  owned  by  the  United 
States  and  used  for  any  of  the  purposes  specified  in  this  article  and  no  longer. 


166  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

(Approved  Apr.  11,  1874.     Public  General  Laws  of  Maryland,  1904,  Vol.  II,  p. 
2084,  sees.  17  and  18.) 

19.  The  consent  of  the  State  is  given  to  the  purchase  by  the  government  of 
the  United  States,  or  under  the  authority  of  the  same,  from  any  individual  or 
individuals,  bodies  politic  or  corporate,  of  any  tract,  piece  or  parcel  of  land 
within  the  boundaries  or  limits  of  the  State  for  the  purpose  of  erecting  thereon 
forts,  magazines,  arsenals,  coast  defences  or  other  fortifications  of  the  United 
States,  or  for  the  purpose  of  erecting  thereon  barracks,  quarters  and  other 
needful  buildings  for  the  use  of  garrisons  required  to  man  such  forts,  magazines, 
arsenals,  coast  defences  or  fortifications;  and  all  deeds  and  title  papers  for  the 
same  shall  be  recorded  as  in  other  cases  upon  the  land  records  of  the  county  in 
which  the  land  so  conveyed  may  be;  the  consent  herein  given  being  in  accord- 
ance with  the  seventeenth  clause  of  the  eighth  section  of  the  lirst  article  of  the 
constitution  of  the  United  States  and  with  the  acts  of  Congress  in  such  cases 
made  and  provided.  (Approved  Mar.  13,  1900.  id.,  sec.  19.) 

Section  20  provides  for  condemnation  of  the  lands  required,  in  case  of 
inability  to  agree  with  the  owners  for  their  purchase;  and  section  21 
provides  that  "the  provisions  of  sections  17  and  18  of  this  article 
(ante)  shall  apply  to  all  property  or  lands  purchased  or  acquired  by 
the  United  States  under  the  provisions  of  sections  19  and  20  of  this 
article." 

26.  The  jurisdiction  of  the  State  of  Maryland  is  hereby  ceded  to  the  United 
States  of  America  over  so  much  land  as  has  been  or  may  be  hereafter  acquired 
for  public  purposes  of  the  Tinted  States;  provided,  that  the  jurisdiction  hereby 
ceded  shall  not  vest  until  the  United  States  of  America  shall  have  acquired  the 
title  to  the  lands,  by  grant  or  deed,  from  the  owner  or  owners  thereof,  and  evi- 
dences thereof  shall  have  been  recorded  in  the  ollice  where,  by  law,  the  title  to 
said  land  is  required  to  be  recorded;  and  the  I'niled  States  of  America  are  to 
retain  such  jurisdiction  so  long  as  such  lands  shall  be  |  used  |  for  the  purposes  in 
this  section  mentioned,  and  no  longer;  and.such  jurisdiction  is  granted  upon  the 
express  condition  that  the  State  of  Maryland  shall  retain  a  concurrent  juris- 
diction with  the  United  States  in  and  over  the  said  |  lands  so  far  as  that  civil 
process  in  all  cases  not  affecting  the|  real  or  personal  property  of  the  United 
States,  and  such  criminal  or  other  process  as  shall  issue  under  the  authority  of 
the  State  of  Maryland  against  any  person  or  persons  charged  with  crimes  or  mis- 
demeanors committed  within  or  without  the  limits  of  said  lands  may  be  exe- 
cuted therein,  in  the  same  way  and  manner  as  if  no  jurisdiction  had  been  hereby 
ceded.  All  lands  and  tenements  which  may  be  granted  as  aforesaid  to  the 
United  States  shall  be  and  continue  so  long  as  the  same  shall  be  used  for  the 
purposes  in  this  section  mentioned,  exonerated  and  discharged  from  all  taxes, 
assessments  and  other  charges  which  may  be  imposed  under  the  authority  of 
the  State  of  Maryland ;  provided,  however,  that  nothing  in  this  section  shall 
apply  to  Charles  county.  (Acts  approved  Apr.  8,  1902,  and  Apr.  7,  1904,  id., 
sec.  26.) 

The  portions  in  brackets  are  found  in  act  of  April  8,  1902,  but  are 
omitted  from  act  of  April  7,  1904,  and  from  the  public  general  laws 
of  1904. 

ANNAPOLIS  NATIONAL  CEMETERY. 

This  reservation  is  situated  at  Annapolis,  in  Anne  Arundel  County, 
and  contains  an  area  of  4J  acres. 

Title. — Deed  from  Nicholas  Brewer,  executor,  etc.,  dated  February 
28,  1871,  conveying  4^  acres.  Recorded  in  liber  S.  H.  No.  5,  folios 
583,  etc.,  of  the  land  records  of  Anne  Arundel  County. 

Revocable  license. — October  30,  1915,  to  the  county  commissioners 
of  Anne  Arundel  County  to  lay  a  sewer  pipe. 

Jurisdiction. — Ceded  to  the  United  States  by  the  following  act  of 
the  State  legislature,  approved  April  1,  1872: 

SECTION  1.  Be  it  enacted,  etc.,  That  jurisdiction  and  control  over  the  lands 
conveyed  by  Nicholas  Brewer,  executor  of  Nicholas  Brewer,  deceased,  to  the 


MARYLAND.  167 

United  States  of  America,  as  a  National  Cemetery,  by  deed  bearing  date  twenty- 
eighth  day  of  July,  eighteen  hundred  and  seventy-one,  duly  executed,  acknowl- 
edged and  recorded  in  Liber  S.  II.,  number  five,  folio  five  hundred  and  eighty- 
three,  one  of  the  land  record  books  of  Anne  Arundel  county,  be  and  the  same  are 
hereby  granted  and  ceded  to  the  said  United  States  of  America,  which  said  lands 
are  a  part  of  the  lands  called  Todd's  Range,  lying  and  being  in  Anne  Arundel 
county  *  *  *  :  Provided,  always,  That  this  cession  and  jurisdiction  are 
granted  upon  the  express  condition  that  this  Commonwealth  shall  retain  a 
concurrent  jurisdiction  with  the  United  States,  in  and  on  the  said  ceded  lands,  so 
far  as,  that  all  civil,  and  such  criminal  process  as  may  issue  under  the  authority 
of  this  State  against  any  person  or  persons  charged  with  crimes  committed 
without  the  limits  of  said  National  Cemetery,  and  in  the  State  of  Maryland, 
may  be  executed  therein  in  the  same  way  and  manner  as  though  this  cession 
and  consent  had  never  been  made  and  granted,  except  so  far  as  such  process 
may  affect  the  real  and  personal  property  of  the  United  States,  within  the  limits 
of  the  said  National  Cemetery. 

SEC.  2.  And  be  it  enacted,  That  the  lands  conveyed  as  aforsaid,  and  over 
which  the  jurisdiction  is  granted  by  this  Act,  together  with  all  personal  prop- 
erty which  may  hereafter  be  within  the  bounds  thereof  belonging  to  the  United 
States,  or  to  any  of  the  officers  or  agents  of  the  United  States,  shall  be  exon- 
erated and  discharged  from  all  taxes  and  assessments  which  may  be  at  any 
time  imposed  by  the  authority  of  this  State,  so  long  as  the  said  lands  are  and 
shall  remain  the  property  of  the  United  States,  and  be  used  for  the  purposes 
aforesaid. 

ANTIETAM  BATTLEFIELD. 

This  reservation  is  situated  in  Washington  County  and  contains 
an  area  of  about  40  acres.  The  lands  comprising  it  were  acquired 
under  acts  of  Congress  approved  August  5,  1892  (27  Stat.,  377), 
March  2,  1895  (28  Stat.,  950),  and  June  11,  1896  (29  Stat,  443), 
respectively,  for  the  purpose  of  marking  the  lines  of  battle  upon  the 
battlefield  of  Antietam. 

Title. — 1.  Deed  from  Samuel  D.  Piper  and  wife,  dated  April  10, 
1895,  conveying  3  acres  and  21  perches  of  land,  more  or  less.  Re- 
corded in  liber  No.  103,  folio  603,  etc.,  of  the  land  records  of  Wash- 
ington County. 

2.  Deed  from  William  Roulette  and  wife,  dated  April  10,  1895, 
conveying  63  square  perches  of  land,  more  or  less.     Recorded  in  liber 
No.  103,  folio  605,  etc.,  of  same  records. 

3.  Deed  from  Caleb  Michael  and  wife,  dated  April  10,  1895,  con- 
veying 1  acre  and  3  roods  of  land,  more  or  less.     Recorded  in  liber 
No.  103,  folio  609,  of  same  records. 

4.  Deed  from  Jacob  B.  Stine  and  wife,  dated  April  10,  1895,  con- 
veying 47  square  perches  of  land,  more  or  less.     Recorded  in  liber 
No.  103,  folio  603,  etc.,  of  same  records. 

5.  Deed  from  Michael  Tenant  et  al.,  dated  April  10,  1895,  convey- 
ing 91  square  perches  of  land,  more  or  less.     Recorded  in  liber  No. 
104,  folio  56,  etc.,  of  same  records. 

6.  Deed  from  Urias  Gross  et  al.,  dated  April  10,  1895,  conveying 
158  square  perches  of  land,  more  or  less.     Recorded  in  liber  No.  104, 
folios  57,  etc.,  of  same  records. 

7.  Deed  from  Rezin  D.  Fisher  and  wife,  dated  April  11,  1895,  con- 
veying 3  roods  and  1  square  perch  of  land,  more  or  less.     Recorded 
in  liber  No.  103,  folios  608,  etc.,  of  same  records. 

8.  Deed  from  Abraham  Hoffmaster  et  al.,  dated  April  11,  1895, 
conveying  32J  square  perches  of  land,  more  or  less.     Recorded  in 
liber  No.  103,  folio  602,  of  same  records. 


168  UNITED   STATES   MILITAKY   RESERVATIONS,  ETC. 

9.  Deed  from  Anna  Newcomer,  dated  April  15,  1895,  conveying  1 
acre,  2  roods,  and  8  perches  of  land,  more  or  less.     Recorded  in  liber 

103,  folio  604,  etc.,  of  same  records. 

10.  Deed  from  George  H.  Poffenberger  et  al.,  dated  April  17,  1895, 
conveying  2  acres,  1  rood,  and  9  square  perches  of  land,  more  or  less. 
Recorded  in  liber  No.  104,  folio  54,  etc.,  of  same  records. 

11.  Deed  from  Otho  J.  Poffenberger  and  wife,  dated  April  25, 1895, 
conveying  2  acres,  2  roods,  and  1  square  perch  of  land,  more  or  less. 
Recorded  in  liber  No.  103,  folio  606,  etc.,  of  same  records. 

12.  Deed  from  Euromus  H.  Hoffman,  dated  April  26.  1895,  con- 
veying 1  acre  and  3J  square  perches  of  land,  more  or  less.     Recorded 
in  liber  No.  103,  folio  608,  of  same  records. 

13.  Deed  from  Cyrus  Hicks  Remsburg  and  wife,  dated  May  10, 
1895,  conveying  47  square  perches  of  land,  more  or  less.     Recorded 
in  liber  No.  104,  folio  54,  of  same  records. 

14.  Deed  from  John  Buehler  et  al.,  dated  June  10,  1895,  conveying 
2  roods  and  20  square  perches  of  land,  more  or  less.     Recorded  in 
liber  No.  103,  folio  606,  etc.,  of  same  records. 

15.  Deed  from  Caleb  Michael  and  wife,  dated  June  28,  1895,  con- 
veying 14J  square  perches  of  land.    Recorded  in  liber  No.  104,  folio  55, 
etc.,  of  same  records. 

16.  Deed  from  Euromus  H.  Hoffman,  dated  July  2, 1896,  conveying 
4  acres  and  37  perches  of  land.    Recorded  in  liber  G.  B.  O.  No.  105, 
folio  224,  of  same  records. 

17.  Deed  from  Hezekiah  H.  Thomas  et  al.,  dated  July  2,  1896,  con- 
veying 106  square  perches  of  land.    Recorded  in  liber  G.  B.  O.  No. 
105,  folio  366,  etc.,  of  same  records. 

18.  Deed  from  Alexander  W.  Davis,  dated  July  8,  1896,  conveying 
56£  square  perches  of  land.    Recorded  in  liber  No.  105,  folio  367,  etc., 
of  same  records. 

19.  Deed  from  Charles  Currie  and  wife,  dated  November  22,  1895, 
conveying  13  perches  of  land,  more  or  less.     Recorded  in  liber  No. 

104,  folio  566,  etc.,  of  same  records. 

20.  Deed  from  Hannah  Nicodemus  et  al.,  dated  December  23,  1896, 
conveying  12  square  perches  of  land.     Recorded  in  liber  No.  106, 
folios  40  and  41,  of  same  records. 

21.  Deed  from  Rush  C.  Hawkins,  trustee,  etc.,  dated  May  17,  1897, 
conveying  3,600  square  feet  of  land.    Recorded  in  liber  No.  106,  folio 
562,  etc.,  of  same  records. 

22.  Deed  from  Frank  W.  Cheney  and  wife,  for  themselves,  and 
Frank  W.  Cheney  as  trustee,  etc.,  dated  September  17,  1897,  convey- 
ing 10  acres  of  land  and  the  monument  thereon.    Recorded  in  liber 
107,  folio  266,  etc.,  of  same  records. 

23.  Deed  from  Francis  A.  Cummings,  as  trustee,  etc.,  dated  Janu- 
ary 18,  1898,  conveying  49.50  square  perches.    Recorded  in  liber  No. 
107,  folio  655,  of  same  records. 

24.  Deed  from  Orlando  B.  Wilcox  et  al.,  as  trustees,  etc.,  dated 
September  14,  1898,  conveying  a  tract  forty  feet  square  and  a  monu- 
ment thereon.    Recorded  in  liber  D.  H.  H.  No.  3,  folio  316,  etc.,  of 
the  land  records  of  Frederick  County. 

25.  Deed  from  the  Commonwealth  of  Massachusetts,  dated  Novem- 
ber 15,  1899,  conveying  23  square  perches  and  the  monument  thereon. 
Recorded  in  liber  G.  B.  O.  No.  112,  folio  50,  etc.,  of  the  land  records 
of  Washington  County. 


MABYLAND.  169 

26.  Deed  from  George  H.  Poffenberger  and  wife,  dated  April  8, 

1902,  conveying  3,600  square  feet.    Recorded  in  liber  G.  B.  O.  No.  116. 
folio  96,  of  same  records. 

27.  Deed  from  Ann  C.  Wyand,  dated  October  15,  1902,  conveying 
400  square  feet.    Recorded  in  liber  No.  118,  folio  16,  of  same  records. 

28.  Deed  from  Jacob  B.  Stine,  dated  October  15,  1902,  conveying 
498  square  feet.    Recorded  in  liber  No.  118,  folio  16,  of  same  records. 

29.  Deed  from  John  Benner  and  wife,  dated  October  18,  1902.  con- 
veying 900  square  feet.    Recorded  in  liber  No.  118,  folio  14,  of  same 
records. 

30.  Deed  from  the  governor  of  Connecticut,  dated  February  18, 

1903,  conveying  400  square  feet.    Recorded  in  liber  118,  folio  8,  etc., 
of  same  records. 

31.  Deed  from  Rezin  D.  Fisher  and  wife,  dated  March  9, 1903,  con- 
veying 1,290  square  feet.     Recorded  in  liber  118,  folio  15,  of  same 
records. 

32.  Deed  from  Hannah  Nicodemus,  dated  June  26, 1903,  conveying 
225  square  feet.     Recorded  in  liber  S.  B.  O.  No.  118,  folio  493,  of 
same  records.    Accepted  by  the  Secretary  of  War,  May  5,  1904. 

33.  Deed  from  William  H.  Reynolds  and  wife,  dated  June  20,  1904, 
conveying  625  square  feet.    Recorded  in  liber  —  No.  126,  folio  146, 
of  same  records.    Accepted  September  26, 1904. 

34.  Deed  from  Anna  Newcomer,  dater  July  8,  1904,  conveying  600 
square  feet.    Recorded  in  liber  G.  B.  O.  No.  120,  folio  226,  of  same 
records.    Accepted  September  26, 1 904. 

35.  Deed  from  Jacob  B.  Stine,  dated  September  22,  1904,  convey- 
ing 1,375  square  feet.     Recorded  in  liber  —  No.  120,  folio  432,  of 
same  records.    Accepted  November  29,  1904. 

36.  Deed  from  George  Alfred  Townsend,  dated  September  22, 1904, 
conveying  a  triangular  tract  of  land  at  Crampton  Gap,  South  Moun- 
tain, Md.,  upon  which  has  been  erected  a  monument  to  the  First 
New  Jersey  Brigade.    Recorded  in  liber  S.  T.  H.  No.  267,  folio  367, 
of  the  land  records  of  Frederick  County,  Md.    Accepted  March  10, 
1905. 

37.  Deed  from  John  Luther  Nicodemus  and  wife,  dated  October  9, 
1905,  conveying  900  square  feet.    Recorded  in  liber  G.  B.  O.  No.  122, 
folio  534,  etc.,  of  the  land  records  of  Washington  County. 

38.  Deed  from  the  State  of  Vermont,  dated  November  7,  1905,  con- 
veying about  400  square  feet  (being  the  same  premises  conveyed  to 
the  State  of  Vermont  by  Emory  E.  Thomas,  by  deed  dated  April  13, 
1901,  and  recorded  in  liber  G.  B.  O.  No.  114,  folio  23,  land  records 
of  Washington   County).     Recorded  in  liber  123,   folio  98,  land 
records  of  Washington  County. 

39.  Deed  from  the  State  of  Vermont,  dated  November  7, 1905,  con- 
veying about  66  square  feet  of  land  (being  the  same  premises  con- 
^eyed  to  the  State  of  Vermont  by  Rezin  Fisher  and  wife,  by  deed 
dated  May  24,  1897,  and  recorded  in  liber  107,  foilo  189,  land  records 
of  Washington  County).    Recorded  in  liber  123,  folio  97,  of  same 
records. 

40.  Deed  from  John  Benner  and  wife,  dated  December  22,  1906, 
conveying  right  of  way  for  roadway.    Recorded  in  liber  125,  folio  212, 
of  same  records. 


170  UNITED   STATES   MILITAKY   RESERVATIONS,  ETC. 

41.  Deed  from  Otho  J.  Poffenberger  and  wife,  dated  October  21, 
1907,  conveying  tract  of  land.     Recorded  in  liber  127,  folio  107,  of 
same  records. 

42.  Deed  from  Euromus  H.  Hoffman  et  al.,  dated  July  7, 1909,  con- 
veying 10,000  square  feet.    Recorded  in  liber  129,  folio  441,  of  same 
records. 

43.  Deed  from  James  B.  Horner  et  al.,  dated  December  21,  1914, 
conveying  a  parcel  of  land  containing  about  0.73  acre  for  an  approach 
roadway  leading  from  the  public  road  to  the  monument  of  the  Ninth 
Regiment,  New  York  Volunteers.    Recorded  in  liber  146,  folio  565, 
of  same  records. 

Jurisdiction. — Consent  to  purchase  was  given  and  jurisdiction 
ceded  by  an  act  of  the  State  legislature  approved  April  7,  1892,  pro- 
viding, inter  alia,  as  follows : 

SECTION  1.  Be  it  enacted  by  the  General  Assembly  of  Maryland,  That  the  con- 
sent of  the  said  State  is  hereby  given  to  the  acquisition  by  the  United  States,  of 
such  tracts  of  land  in  the  neighborhood  of  the  battle  fields  of  Antietam  and 
Monocacy  in  the  State  of  Maryland  as  may  be  selected  by  the  Secretary  of  War 
or  such  officer  as  he  may  designate  for  the  purpose  of  erecting  monuments  or 
tablets  for  the  proper  marking  of  the  positions  of  each  of  the  several  commands 
of  the  army  of  the  United  States  engaged  in  the  battles  of  Antietam  find 
Monocacy,  for  opening  and  constructing  roads  and  avenues  in  connection  with 
the  positions  occupied  by  the  Federal  or  Confederate  forces  engaged  in  said 
battles,  for  preservation  of  the  grounds  covered  by  said  buttle  fields  for  historical 
and  other  purposes,  and  for  making  such  other  improvements  in  connection  with 
said  battle  fields  as  the  government  of  the  United  States  may  from  time  to  time 
deem  proper.  For  the  purposes  aforesaid  the  United  States  shall  have,  hold, 
use.  occupy  and  own  said  lands  when  purchased  or  acquired  and  exercise  juris- 
diction and  control  over  the  same  and  every  part  thereof  subject  to  the  restric- 
tions hereinafter  mentioned. 

SEC.  2.  The  jurisdiction  of  the  State  of  Maryland  in  and  over  the  said  lands 
when  acquired  by  the  United  States  shall  be  and  the  same  is  hereby  ceded  to  the 
United  States  and  shall  continue  so  long  as  the  said  lands  shall  remain  tin- 
property  of  the  United  States  and  no  longer;  and  the  same  shall  be  and  con- 
tinue exonerated  from  all  taxes,  assessments,  and  other  charges  which  may  be 
levied  under  the  authority  of  this  State;  provided  however,  that  the  State  of 
Maryland  shall  and  hereby  does  retain  concurrent  jurisdiction  with  the  United 
States  in  and  over  said  lands  so  far  as  that  all  civil  process  in  all  cases  and  such 
criminal  or  other  process  as  may  issue  under  the  authority  of  the  State  of 
Maryland  against  any  person  or  persons  charged  with  crimes  or  misdemeanors 
committed  within  said  State,  including  said  lands,  may  be  executed  therein  in 
the  same  manner  as  if  consent  to  the  acquisition  had  not  been  given  or  jurisdic- 
tion ceded  except  so  far  as  such  process  may  affect  the  personal  or  real  property 
of  the  United  States. 

ANTIETAM  NATIONAL  CEMETERY. 

This  cemetery  is  situated  at  Sharpsburg,  in  Washington  County, 
and  contains  an  area  of  11  acres. 

Title.— I.  The  State  of  Maryland  to  the  United  States  by  an  act  of 
the  State  legislature,  approved  March  13,  1878,  conveying  all  right, 
title,  and  interest  of  the  State  and  as  trustee  for  other  States.  (See 
act  appended  hereto.) 

2.  The  State  of  New  York  consenting  to  the  transfer  by  Maryland 
by  an  act  of  the  State  legislature,  approved  January  19, 1878. 

3.  The  State  of  New  Jersey  by  an  act  of  the  State  legislature, 
approved  February  7,  1878. 

4.  The  State  of  Maine  by  an  act  of  the  State  legislature,  approved 
February  12,  1878. 


MARYLAND.  171 

5.  The  State  of  Wisconsin  by  an  act  of  the  State  legislature,  ap- 
proved March  1,  1878. 

6.  The  State  of  Connecticut  by  an  act  of  the  State  legislature, 
approved  March  26,  1878. 

7.  The  State  of  Massachusetts  by  an  act  of  the  State  legislature, 
approved  March  29,  1878. 

8.  The  State  of  Rhode  Island  by  an  act  of  the  State,  legislature, 
approved  April  12,  1878. 

9.  The  State  of  Pennsylvania  by  an  act  of  the  State  legislature, 
approved  April  24,  1878. 

10.  The  State  of  New  Hampshire  by  an  act  of  the  State  legisla- 
ture, approved  August  9,  1878. 

11.  The  State  of  Vermont  by  an  act  of  the  State  legislature,  ap- 
proved October  18,  1878._ 

12.  The  State  of  Michigan  by  an  act  of  the  State  legislature,  ap- 
proved January  30,  1879. 

13.  The  State  of  Minnesota  by  an  act  of  the  State  legislature, 
approved  March  3,  1870. 

14.  The  State  of  West  Virginia  by  an  act  of  the  State  legislature, 
approved  March  11,  1879. 

15.  The  State  of  Indiana  by  an  act  of  the  State  legislature,  ap- 
proved March  29,  1879. 

16.  The  State  of  Ohio  by  an  act  of  the  State  legislature,  approved 
May  6,  1879. 

17.  Deed  from  Daniel  H.  Ehorback  and  wife  to  the  Antietam 
National  Cemetery,  dated  September  25,  1865,  conveying  1  acre.  1 
rood,  and  9  perches  of  land.    Deed  recorded  in  liber  L.  B.  N.,  No.  1, 
folio  188,  etc.,  of  the  land  records  of  Washington  County. 

18.  Deed  from  Boonsborough  Turnpike  Co^,  dated  March  3,  1888, 
conveying   the   right    of   way.   etc.,   over    and    control   of   part    of 
Turnpike. 

Title  and  jurisdiction. — Ceded  to  the  United  States  by  an  act  of 
the  State  legislature,  approved  March  13,  1878,  which  provides  as 
follows : 

SECTION  1.  Be  it  enacted,  etc.,  That  all  the  right,  title,  and  interest  of  the 
State  of  Maryland,  and  of  the  said  State  of  Maryland  acting  as  trustee  for  other 
States,  as  hereinbefore  set  forth,  in  and  to  the  land  occupied  by  the  Antietam 
National  Cemetery,  in  the  county  of  Washington,  in  the  State  of  Maryland, 
*  *  *  be,  and  the  same  is  hereby  ceded,  conveyed,  transferred,  and  granted, 
with  all  the  rights,  privileges,  hereditaments,  and  appurtenances  thereunto  be- 
longing or  pertaining  to  the  United  States  of  America,  in  fee  simple,  to  have 
and  to -hold  forever. 

SEC.  2.  And  be  it  enacted,  That  jurisdiction  and  control  over  the  land  con- 
veyed by  this  act,  as  hereinbefore  provided,  be.  and  the  same  are  hereby,  granted 
and  ceded  to  the  United  States  of  America :  Provided  always.  That  this  cession 
and  jurisdiction  are  granted  upon  the  express  condition  that  this  Common- 
wealth shall  retain  concurrent  jurisdiction  with  the  United  States  in,  and  on 
the  said  ceded  lands,  so  far  as,  that  all  civil  and  such  criminal  process  as  may 
issue  under  the  authority  of  this  State  against  any  person  or  persons  charged 
with  crimes  committed  without  the  limits  of  said  National  Cemetery  and  in  the 
State  of  Maryland,  may  be  executed  in  the  same  way  and  manner  as  though 
this  cession  and  consent  had  never  been  made  and  granted,  except  so  far  as 
such  process  may  affect  the  real  and  personal  property  of  the  United  States, 
within  the  limits  of  the  said  National  Cemetery. 

SEC.  3.  And  l>f  it  enacted,  That  the  lands  conveyed  as  herein  provided,  and 
over  which  jurisdiction  is  granted  by  this  act  together  with  all  personal  prop- 
erty which  may  hereafter  be  within  the  bounds  of  said  cemetery  belonging  to  the 


172  UNITED  STATES   MILITARY   RESERVATIONS,  ETC. 

United  States,  or  to  any  of  the  officers  or  agents  of  the  United  States,  shall  be 
exonerated  and  discharged  from  all  taxes  and  assessments  which  may  be  at  any 
time  imposed  by  the  authority  of  this  State,  so  long  as  the  said  lands  shall 
remain  the  property  of  the  United  States,  and  be  used  for  the  purposes  indi- 
cated in  the  act  of  this  assembly,  passed  March  twenty-third,  eighteen  hundred 
and  sixty-five,  hereinbefore  referred  to. 

FORT  ARMISTEAD. 

This  reservation  is  situated  at  Hawkins  Point,  in  Anne  Arundel 
County,  and  contains  an  area  of  45.51  acres,  with  metes  and  bounds 
as  described  in  G.  O.  174,  W.  D.,  November  2,  1908. 

Title. — 1.  Condemnation  of  a  tract  of  12.47  acres,  property  of 
Thomas  C.  Chappell,  in  the  district  court  of  the  United  States  for 
the  district  of  Maryland.  Decree  rendered  October  9,  1896,  and  filed 
with  the  records  of  said  cause  in  judgment  records  S.  H.  No.  1,  folio 
87,  etc.,  in  the  clerk's  office  of  said  district  court. 

2.  Deed  from  Thomas  C.  Chappell  and  Alcinda  M.  Chappell,  dated 
July  16, 1908,  conveying  three  tracts  of  land  aggregating  33.04  acres; 
deed  recorded  in  liber  G.  W.  61,  folio  103,  land  records  of  Anne 
Arundel  County. 

Jurisdiction. — Consent  to  purchase  and  condemnation,  and  juris- 
diction ceded,  by  acts  of  the  State  legislature  approved  April  2  and 
11,  1874,  and  March  13,  1900,  given  under  "  General  acts  of  cession." 

FORT    CARROLL. 

This  reservation  is  situated  on  Sollers  Point  Flats  in  the  Patapsco 
River,  about  4J  miles  from  Baltimore,  and  is  an  artificially  con- 
structed island.  It  contains  about  3.4  acres. 

Title  and  jurisdiction. — Ceded  by  an  act  of  the  State  legislature 
approved  March  6,  1847,  which  provides  as  follows: 

SECTION  1.  Be  it  enacted,  etc.,  That  the  consent  of  the  State  of  Maryland  be, 
and  the  same  is  hereby,  given  to  the  United  States  to  erect  works  of  fortifica- 
tion on  Sollers  Point  Flats,  in  the  Patapsco  River ;  and  that  the  right  of  juris- 
diction is  hereby  ceded  to  the  United  States  over  any  works  of  fortification 
that  may  be  erected  by  them  on  the  said  Sollers  Point  Flats,  in  the  Patapsco 
River ;  said  jurisdiction  to  extend  in  all  directions  one-fourth  of  a  mile  beyond 
any  part  of  the  works  and  their  appendages. 

Revocable  license. — September  14, 1905,  to  the  Department  of  Com- 
merce and  Labor  for  occupation  by  lighthouse  keeper  of  quarters  on 
the  reservation. 

FORT  FOOTE. 

This  reservation  is  situated  on  the  left  bank  of  the  Potomac  River 
on  Roziers  Bluff,  8  miles  below  Washington,  District  of  Columbia,  in 
Prince  Georges  County,  and  contains  an  area  of  66  acres,  2  roods,  and 
17}  perches. 

Title. — 1.  Deed  from  Woodbury  Wheeler,  trustee,  etc.,  dated  De- 
cember 26,  1872,  conveying  51  acres,  1  rood,  and  12f  perches  of  land. 
Recorded  in  liber  H.  B.  No.  C,  folio  758,  etc.,  of  the  land  records  of 
Prince  Georges  County. 

2.  Deed  from  Francis  W.  Rozier  and  wife,  dated  January  25,  1873, 
conveying  15  acres,  1  rood,  and  4J  perches  of  land.  Deed  recorded 
in  liber  H.  B.  No.  C,  folio  760,  etc.,  of  same  records. 


MARYLAND.  173 

Jurisdiction. — Ceded  to  the  United  States  by  an  act  of  the  State 
legislature  approved  April  1,  1872,  which  provides  as  follows: 

SECTION  1.  Be  it  enacted,  etc.,  That  the  jurisdiction  and  control  of  the  lands 
hereinafter  described,  or  any  portion  thereof,  situate  on  the  Potomac  River,  in 
Prince  George  County,  that  may  hereafter  be  conveyed  by  deed  duly  executed, 
acknowledged,  and  recorded  to  the  United  States  of  America  for  the  site  of  a  fort, 
and  the  water,  water  rights,  and  all  other  rights  appertaining  thereto,  whenever 
the  same  shall  be  so  conveyed,  be  and  the  same  is  hereby  vested  in  the  United 
States  of  America  for  military  and  naval  purposes ;  *  *  *  provided,  always, 
that  this  cession  and  jurisdiction  are  granted  upon  the  express  condition  that 
this  State  shall  retain  a  concurrent  jurisdiction  with  the  United  States,  in  and 
on  the  said  ceded  lands  and  territory  or  the  portion  thereof  that  may  be  so  as 
aforesaid  conveyed,  so  far  as  that  all  civil  and  such  criminal  process  as  may 
issue  under  the  authority  of  this  State,  against  any  person  or  persons  charged 
with  crimes  committed  without  said  lands  and  ceded  territory,  may  be  executed 
therein  the  same  way  an  manner  as  though  this  cession  and  consent  had  never 
been  made  or  granted,  except  so  far  as  such  process  may  effect  the  real  and  per- 
sonal property  of  the  United  States  within  the  said  ceded  territory. 

SEC.  2.  And  be  it  enacted,  That  the  said  lands  or  portion  thereof,  when  con- 
veyed as  aforesaid  and  over  which  the  jurisdiction  is  granted  by  this  Act, 
together  with  all  personal  property  which  may  thereafter  be  within  the  bounds 
thereof,  belonging  to  the  United  States,  or  to  any  of  the  officers  or  agents  of  the 
United  States,  shall  be  exonerated  and  discharged  from  all  taxes  and  assess- 
ments which  may  be  at  any  time  imposed  by  the  authority  of  this  State,  (when) 
so  long  as  the  said  lands  or  portion  thereof  respectively  are  and  shall  remain 
the  property  of  the  United  States,  and  be  used  for  the  purposes  aforesaid. 

FORT  HOWARD. 

This  reservation  is  situated  at  North  Point,  in  Baltimore  County, 
and  contains  an  area  of  245  acres. 

Title. — 1.  Decree  of  condemnation  for  said  tract  in  cause  No.  140, 
The  United  States  v.  The  Canton,  Sparrow's  Point  &  North  Point 
Railroad  Co.,  in  the  district  court  of  the  United  States  for  the  dis- 
trict of  Maryland.  Decree  rendered  July  22,  1896,  and  filed  with 
the  record  in  the  clerk's  office  of  said  district  court ;  also  recorded  in 
judicial  liber  L.  M.  B.  No.  135,  folio  159,  of  the  records  of  the 
circuit  court  for  Baltimore  County. 

2.  Deed  from  The  Canton,  Sparrow's  Point  &  North  Point  Kail- 
road  Co.,  dated  November  25, 1896,  conveying  28.50  acres,  and  appur- 
tenances, improvements,  etc.     Recorded  in  liber  L.  M.  B.  No.  221, 
folio  22,  etc.,  of  the  land  records  of  Baltimore  County. 

3.  Deed  from  Mary  Grace  Carroll  et  al.,  dated  October  23,  1899, 
conveying   96   acres,   2   roods,   and  3   perches.     Recorded   in   liber 
N.  B.  M.  No.  228,  folio  582,  etc.,  of  same  records. 

4.  Deed  from  The  Canton,  Sparrow's  Point  &  North  Point  Railroad 
Co.,  dated  November  29,  1899,  conveying  2  acres.     Recorded  in  liber 
N.  B.  M.  No.  228,  folio  586,  etc.,  of  same  records. 

5.  Deed  from  Elizabeth  Gunther,  administratrix,  etc.,  dated  De- 
cember 21,  1899,  conveying  118  acres.     Recorded  in  liber  N.  B.  M. 
No.  245,  folio  1,  etc.,  of  same  records. 

Jurisdiction. — See  "  General  acts  of  cession." 

LAUREL  CEMETERY    ( SOLDIERS'  LOTg). 

These  lots  are  situated  in  Laurel  Cemetery  at  Baltimore,  in  Balti- 
more County.  The  lots  are  numbered  341  to  344,  inclusive,  and  357 
to  419,  inclusive,  all  in  area  I,  containing  each  80  square  feet. 


174  IN  SVVVVS     Mllir.VKY     Ul>;  KV  \  V10NS.    Kl'O. 


—  Deed  from  the  Laurel  Juno 

conveying  the  ahoTt  lots.    Rv  .in  liber  u.K    \ 

etc,,  uul  records  of  Baltimore  on 

/«m<feli**^-S*e  u  General  ads  of  ces> 

LOT7DON  PARK  >  METERT. 

This  n  n  is  situate 

Baltimore  County.  and  contains  an  area  of  about  8.t> 
TVffo—  1.  Deed  from  London  Park  C\  ^ 

l>ee<l  from  London  Park  Ceinet. 
^  IXvd  fn>m  Charles  0.  Mac'l 

\18acre,  aiul  ivavlln\l,  d  J  in  liu     \\     M    1 

:olio  'J^  laud  iv 

4.  Deed  fivm  Jan  ^  1     \Vood  et  al..  trustees,  datev    ^ 

\  ,      \ 

containing  0.63  acre,  and  a  part  ot  S 

acre,  with  roadbed,  etc,    Eeconltni  in  liber  AV.  M.  I    N 

5,  Deed  frt>m  Da: 

188i\  x  nd  n\ul 

Becordeii  in  lit. 

&  Deed  fivm  Ixnulon  Park  i  .  ilatevl  Septemlvr 

1883,  conveying  1  aoiv  and  *JO>J  stniai*e  perches  of  land,  with  r 
rigl  od  in  li  No.  128,  1 

same  records, 

Deed  from  the  Loudon  Park  Ceinot. 
conveying  0,07  acre.    Recorded  in  O.  No. 

etc,,  of  the  land  itvords  v>f  Raltimor 

vmi  AVilliair.  il..  dated  May  1 

ots  theivin  de^rilnnl.     Recorded  in  lil>er  R,  O.    N 
foli.-  :  same  r\\v 

JurMirtio:.     ^        General  acts  of  ces^ 

VOKT   Mv-llVNRY. 

This  •  \>n  is  sit  ?  "  nnt.  in 

Baltimore,  in  Baltir  :nty.  and  contains  an  aiva  of  aboiu   ; 

acres, 

Title.—  1.  Deed  from  Alexander  Fin  nival,  dated  Jr 

ng  ahout  T  acres  and  56  pei\  land     Recorded  in  liber 

\\  \       5  S,  1  .  etc.,  of  the  land  i\ 

d  from  William  Goodman. 

_  acres  of  land.     Recoixleil  in  lu  or  W.  u.  No.  tn\  folio 
of  same  re<\ 

Deed  from  William  Gixximan,  dated  Ai  .  '.SOO.  oo 

11  acres,  3  roods,  and  SU  -        land.     Recorded  in  libev  ^ 

No.  61,  folio  58-  f  same  r 

4.  I\HH!  from  Joh  uell.  dated  Jan; 

5  acres  of  land.    Recorded  in  liber  W.  G»  No.*  TN  .  etc.,  of 

same 


MAK7J.ANI).  176 

5.    J)eed    from  Thomas   P..    \)»r>-.    <•!.  al..  dated   Scpf ember   1''     !    •'/) 

conveying  lot   60,  62,  ^1,  etc.    Becorded  iri  liber  1'.  K.  No.  263,  folio 

of  same  records. 
(>.    I)ce,d    from  James    I'oslcy  and    wife,  dated    S.epf ember  15,    18'iO. 

eying  lot  r,i.  , -ontaining  2  acres  and  2  roods  01  land.    Recorded 

in  liber  T.  K.  No.  26?>.  folio  100'.  ft/-.,  of  same  records. 

7.  beed  from  Luke  Kicr.icd  and  September  29,  1  ^ 
conveying  lot  No   W.    Recorded  in  liber  T.  K.  No.  264,  folio  328, 

el.'-.,  of  same  n-cord :  . 

8.  Deed   from   Kli/abcth  r'nnkling  et  al.,  dated  October  8,  1836, 
con\< -.yintf  lot  ^;">  jin«J  part  of  "Upton  Court."    Recorded  in  liber 

'I.  K.  No.  264,  folio  324  etc.,  of    firm-  nvord   . 

!).  !)(•(  d  fi  oin  .John  Glenn  et  al.,  dated  October  25,  1837,  conveying 
:;  ;i'  i  <  .  1  rood,  :in«J  29  porches  of  land.  Recorded  in  liber  T.  K.  No. 
274.  folio  400.  cite.,  of  ;irri(!  record  . 

10.  DM!  fiorn  Richard  W.  Gill,  dated  November  16,  1836,  convey- 
ing between  5  nnH  o  acres  of  land.  Recorded  in  liber  T.  K.  No.  265, 
folio  181).  etc..  of  firne  r-er-ord  . 

fl'he.  area  of  hind  conveyed  by  the  foregoing  described  deeds,  in- 
cluding epjinif.inj.'  MK-.  lot  •••  ."-'.ites  52.75  acres,  and  the 
purchase  thereof  was  authori/cd  l^y  acts  of  Congress  approved  March 

20.  1704  (\  Sh.t..  345),  sind  July  2, 1836  (5  Stat.,77).    By  authority 
of  the  net.  of  CoWren  :.f,proved  June  19,  1878  (20  Stat,  167),  the 
;n«  ;i  wjis  reduced  by  a  transfer  to  the  Baltimore  Dry  Dock  Co.  of 

;ihout  2.75  ad 

Ity  Bection  i^O  of  the  publir;  buildings  Jict  of  Mfin-li  4.  lOl.'i  f.'i7  Stat. 

.  sihout.  !i|  acre's  adjacent  t.o  th<-,  tn^-f.  eerJeo1  f.o  the  B;ilt.irnon-  Dry 

I )<>>•]<  Co  ide  jind  designat-   1  ;i  .  jj  site  for  the  immigration 

ion  l/>  be  ron:-tructed  at  flie  Port  of  I>altimore." 
A''/  .     I  "nd<-r  auHiorit.y  of  aet  of  Congress  approved  May  26, 

1014  C',  ion  was  given  by  the  Secretary  of  War  on 

June,  1.  1011.  to  tbe  city  of  Baltimore  to  occupy  the  reservation  for 

public  park    pu.- 

f ,'nder  author ity  of  same  act,  on  August  26,  1914,  permission  was 
granted  to  the  said  city  to  use  buildings  Nos.  19,  20,  22,  25,  27,  30,  34, 
40.  and  4-2  on  f  he  reservation. 

Hc/w.n.hlt',  I.'W/H.MX.-  -March  9, 1906,  to  Chesapeake  &  Potomac  Tele- 
phone Co.  for  a  telephone  line. 

Man-h  1-  1007.  to  the  Skinner-  Shipbuilding  &  Dry  Dock  Co.  for  a 

drainage  pipe  aCTOSfi  the  reservation. 

July  -27.  1008.  to  the  State,  of  Maryland  for  extension  of  water-sup- 
ply system  to  the-  wharf  constructed  by  permission  of  the  Secretary  of 
War  of  Aii^ii-i  ^i.  1007. 

April  H.  1000.  to  the  State,  of  Maryland  for  use  of  the  drill  ground 
of  the.  post,  by  the  State  militia  and  for  use  of  a  right  of  way  to  the 
wharf  constructed  bv  permission  of  the  Secretary  of  War  of  August 

21.  1007. 

August  12.  1012.  to  the  wife  of  Maj.  E.  W.  Tfubbard,  United  States 
Army,  retired,  to  occupy  a  cottagr*  at  Fort  McHenry. 

\ovember  1.  1012.  to  the  State  of  Maryland  to  occupy  and  use  for 
the  storage  of  boats  belonging  to  the  Naval  Brigade,  Maryland  Xa- 
tional  C/uard.  quartei-:-ma.-,1.er  storehouse  N"o.  44, 
12025     -16 12 


176  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

December  12,  1912,  to  the  State  of  Maryland  for  occupancy  of 
building  No.  17  by  men  attached  to  the  U.  S.  S.  Somers. 

May  14, 1913,  to  the  Department  of  Commerce  to  erect  a  60-foot  steel 
tower  for  the  purpose  of  lighting  Fort  McHenry  Channel. 

September  30,  1913,  to  the  Department  of  Commerce  to  extend  a 
pole  line  on  the  reservation. 

May  29, 1914,  to  the  National  Star  Spangled  Banner  Association  to 
erect  a  monument  to  Gen.  Armistead. 

August  7,  1914,  to  same  to  erect  memorial  to  commemorate  services 
of  American  privateersmen. 

Jurisdiction. — Jurisdiction  over  one  part  of  this  reservation  was 
ceded  to  the  United  States  by  resolution  No.  65  of  the  State  legisla- 
ture, passed  January  30,  1816,  and  by  the  proceedings  of  the  gover- 
nor and  council  at  a  meeting  begun  and  held  on  February  27.  1816; 
and  jurisdiction  as  to  the  other  part  was  ceded  by  an  act  passed  March 
29,  1838. 

The  resolution,  proceedings,  and  act  provide  as  follows: 

Resolved,  That  the  Governor  and  Council  be,  and  they  are  hereby,  authorized 
and  requested,  in  the  recess  of  the  Legislature,  to  arrange  with  the  General 
Government  for  the  establishment  of  such  sites  within  this  State  for  the  com- 
pletion and  establishment  of  fortifications  as  may  be  agreed  on.  and  the  jurisilic- 
tion  of  the  same  is  hereby  relinquished  to  the  United  States.  (Resolution  No. 
65,  passed  Jan.  30,  1816.) 

Be  it  known  that  in  pursuance  of  the  power  vested  by  said  resolve  in  the  Gov- 
ernor and  Council,  jurisdiction  is  hereby  ceded  to  the  United  States  of  the  fol- 
lowing ground  and  territory,  to  wit : 

*  *  *  that  parcel  of  land  situate  in  Baltimore  County  on  which  Fort 
McHenry  is  built,  and  the  whole  of  the  premises  thereto  adjoining,  the  legal  title 
to  which  was  conveyed  to  the  United  Stales. 

And  the  Governor  and  Council  of  Maryland,  in  behalf  of  said  State,  and  in 
virtue  of  the  authority  conferred  by  the  resolve  aforesaid,  hereby  release  all 
claim  and  right  of  jurisdiction  of  the  State  of  Maryland  in  and  over  said  parcels 
of  land  to  the  United  States  for  the  purposes  expressed  in  said  resolve.  (Extract 
from  proceedings  of.a  meeting  of  the  governor  and  council  begun  and  held  on  the 
27th  day  of  February,  1816.) 

Whereas,  It  is  represented  to  the  General  Assembly  that  the  United  States 
have  purchased  certain  lots  of  ground  on  Whetstone  Point,  near  the  city  of 
Baltimore,  in  order  the  more  effectually  to  promote  the  ends  of  the  Government  In 
the  erection  of  fortifications  at  Fort  McHenry,  which  this  Legislature  duly 
appreciate:  Therefore, 

Be  it  enacted,  etc.,  That  the  right  of  jurisdiction  of  the  State  of  Maryland  in 
and  over  the  lands  comprehended  in  lots  numbers  thirty-four,  thirty-five,  sixty, 
sixty-one,  sixty-two,  sixty-three,  sixty-four,  sixty-five,  sixty-six,  and  sixty-seven, 
lying  and  adjoining  Fort  McHenry,  on  Whetstone  Point,  near  the  City  of  Balti- 
more, which  have  been  purchased  by  the  United  States,  the  deeds  whereof  are 
among  the  records  of  Baltimore  County,  and  also  that  part  of  the  main  road  lead- 
ing to  Fort  McHenry  which  lies  between  the  said  lots,  be.  and  the  same  is  hen -by, 
relinquished,  ceded,  and  made  over  to  the  United  States  for  the  purposes  afore- 
said. (Passed  Mar.  29,  1838.) 

POINT  LO'OKOUT   CEMETERY. 

This  reservation  is  situated  at  Point  Lookout  in  St.  Marys  County, 
and  contains  an  area  of  about  6.55  acres.  It  is  the  burial  place  of  the 
Confederate  soldiers  who  died  at  this  place  while  prisoners  of  war. 

Title. — 1.  Deed  from  Logan  A.  Smith  and  wife,  dated  June  30, 
1868,  conveying  said  land.  Recorded  in  liber  I.  A.  C.  No.  3.  of  the 
land  records  of  St.  Marys  County. 

2.  Decree  of  condemnation  for  same  premises  in  case  of  Logan  A. 
Smith,  petition  for  appraisement  v.  The  United  States,  in  the  dis- 


MARYLAND.  177 

trict  court  of  the  United  States  for  the  district  of  Maryland.  Decree 
rendered  March  3,  1868,  and  filed  with  the  record  in  the  clerk's  office 
of  the  said  court. 

Jurisdiction. — See  "  General  acts  of  cession." 

FORT   SMALLWOOD. 

This  reservation  is  situated  at  Kock  Point,  in  Anne  Arundel 
County,  about  13  miles  from  Baltimore,  and  contains  an  area  of 
about  100  acres,  with  metes  and  bounds  as  given  in  G.  O.  8,  W.  D., 
January  19,  1909. 

Title. — 1.  Decree  in  condemnation  proceedings  for  said  100  acres 
in  case  wherein  the  United  States,  etc.,  were  plaintiffs,  and  certain 
land  situated  at  Rock  Point,  Maryland — Flavius  W.  Hancock,  Cassie 
Owens,  and  Oliver  S.  Owens,  defendants,  in  the  district  court  of 
the  United  States  for  the  district  of  Maryland.  Decree  rendered 
June  17,  1896,  and  filed  with  the  record  in  the  clerk's  office  of  said 
court. 

2.  Deed  from  Flavius  W.  Hancock  et  al.,  dated  July  21,  1896,  con- 
veying the  above  100  acres.  Recorded  in  liber  G.  W.,  No.  3,  folio 
316,  etc.,  of  the  land  records  of  Anne  Arundel  County. 

Jurisdiction. — See  "  General  acts  of  cession." 

FORT  WASHINGTON. 

This  reservation  is  situated  on  the  left  bank  of  the  Potomac,  about 
14  miles  below  the  city  of  Washington,  near  the  mouth  of  Piscata- 
way  Creek,  and  contains  an  area  of  341.43  acres. 

Title.— 1.  Deed  from  Thomas  A.  Digges,  dated  April  15,  1808, 
conveying  3  acres  and  127  perches  of  land.  Recorded  in  liber  I. 
R.  M.,  No.  12,  folio  579,  etc.,  of  the  land  records  of  Prince  Georges 
County. 

2.  Deed  from  Thomas  A.  Digges  et  al.,  dated  August  31,  1815, 
conveying  5  acres  and  56  perches  of  land.     Recorded  in  liber  T.  H., 
No.  1,  folios  49,  etc.,  of  the  land  records  of  the  court  of  appeals  for 
the  western  shore  of  Maryland  (Prince  Georges  County).     See  also 
liber  I.  B.  B.,  No.  2,  folio  57,  etc.,  of  the  same  records. 

3.  Deed  from  Norah  Digges,  executrix,  etc.,  dated  May  27,  1833, 
conveying  34  acres  and  81  perches.     Recorded  in  liber  A.  B.,  No.  8, 
folio  220,  etc.,  of  same  records. 

4.  Release  of  same  tract  by  Richard  Wallack,  trustee,  etc.,  dated 
November  18,  1833.     Recorded  in  liber  A.  B.,  No.  8,  folio  215,  of 
same  records. 

5.  Release  by  Norah  Digges,  in  the  case  of  "  Lessee  of  George  A. 
Digges  and  others  v.  The  United  States,  in  the  Circuit  Court  of  the 
United  States  for  the  District  of  Maryland."     Filed  in  the  clerk's 
office  of  said  court  with  the  record  in  said  cause  November  14,  1848. 

6.  Deed  from  John  Ketland,  dated  January  28,  1871,  conveying 
about  2  acres  acquired  for  cemetery.     Recorded  in  liber  H.  B.,  No.  4, 
folio  351,  etc.,  of  the  land  records  of  Prince  Georges  County. 

7.  Deed  from  Joseph  K.  Roberts,  jr.,  trustee,  etc.,  dated  January 
19,  1875,  conveying  289  acres  and  27  perches  of  land.     Recorded  in 
liber  H.  B.,  No.  10,  folio  21,  etc.,  of  same  records. 


178  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

8.  Deed  from  Allen  W.  Evarts  and  Sherman  Evarts,  executors, 
dated  November  2,  1914,  conveying  6.61  acres.  Recorded  in  liber 
91,  folio  380,  of  same  records. 

Revocable  licenses. — June  19,  1880,  to  the  Treasury  Department  to 
store  buoys  and  sinkers  on  the  reservation  and  to  use  the  wharf  in 
shipping  same  from  time  to  time. 

March  27,  1885,  to  the  United  States  Fish  Commission  to  erect  a 
small  building  near  the  edge  of  the  wharf. 

July  31,  1913,  to  the  Department  of  Commerce  to  erect  an  oil 
house. 

Jurisdiction. — Ceded  to  the  United  States  by  an  act  of  the  State 
legislature,  approved  April  11,  1874,  which  provides  as  follows: 

SECTION  1.  Be  it  enacted,  etc.,  That  the  jurisdiction  and  control  over  the  resi- 
due of  the  lands  owned  by  the  United  States,  and  constituting  the  site  of  Fort 
Washington,  in  the  county  of  Prince  George,  and  the  jurisdiction  and  control 
over  the  lands  hereinafter  described  or  any  portion  thereof,  in  said  county,  that 
may  be  hereafter  conveyed  by  deed  duly  executed,  acknowledged,  and  recorded 
to  the  United  States,  and  the  water,  water  rights,  and  all  other  rights  apper- 
taining thereto,  be  and  the  same  is  hereby  ceded  and  vested  in  the  United  States 
of  America  for  Military  and  Naval  purposes ;  the  said  cession,  as  to  said  land 
that  may  hereafter  be  conveyed,  to  take  effect  whenever  the  same  shall  be  so 
conveyed;  beginning  for  the  said  lands  to  be  hereafter  conveyed  *  *  *  the 
same  comprising  the  two  parcels  of  ground,  parts  of  Warburton  Manor,  and 
mentioned  and  conveyed  in  a  deed  from  John  Johnson  and  Thomas  S.  Alexander, 
trustees,  to  William  Kerly ;  recorded  among  the  land  records  of  Prince  George 
county,  liber  J.  B.  B.,  No.  4,  folio  eight  hundred  and  six,  &c. ;  provided,  always, 
that  this  cession  and  jurisdiction  are  granted  upon  the  express  condition  that 
this  State  shall  retain  a  concurrent  jurisdiction  with  the  United  States  in  and 
on  the  said  ceded  lands  and  territory,  so  far  as  that  all  civil  and  such  criminal 
process  as  may  issue  under  the  authority  of  this  State,  against  any  person  or 
persons  charged  with  crimes  committed  without  said  lands  and  ceded  territory, 
may  be  executed  therein,  in  the  same  way  and  manner  as  though  this  cession 
and  consent  had  nevej*  been  made  and  granted,  except  so  far  as  such  process 
may  effect  the  real  and  personal  property  of  the  United  States  within  the  said 
ceded  territory. 

SEC.  2.  Be  it  enacted,  That  the  said  lands  over  which  the  jurisdiction  is 
granted  by  this  act,  together  with  all  personal  property  which  may  thereafter 
be  within  the  bounds  thereof,  belonging  to  the  United  States,  or  to  any  of  the 
officers  or  agents  of  the  United  States,  shall  be  exonerated  and  discharged  from 
all  taxes  and  assessments  which  may  be  at  any  time  imposed  by  the  authority 
of  this  State,  when  and  so  long  as  the  said  lands  or  portion  thereof,  respectively, 
are  and  shall  remain  the  property  of  the  United  States,  and  be  used  for  the 
purpose  aforesaid. 

MASSACHUSETTS. 

For  a  list  of  places  over  which  the  Commonwealth  of  Massachu- 
setts has  ceded  jurisdiction  to  the  United  States,  see  Revised  Laws  of 
Massachusetts,  1902,  vol.  1,  ch.  1,  sec.  5. 

FORT    ANDREW. 

This  reservation  is  situated  on  Gurnet  Point,  on  the  north  side  of 
the  entrance  to  Plymouth  Harbor,  near  the  town  of  Plymouth,  in 
Plymouth  County,  and  contains  an  area  of  about  6  acres  and  134-i 
rods,  including  the  small  tract  used  by  the  Lighthouse  Board. 

The  custody  of  the  reservation  was  temporarily  relinquished  to  the 
Treasury  Department  for  lighthouse  and  life-saving  purposes  March 
25, 1885  (accepted  September  8,  1885). 


MASSACHUSETTS.  179 

Title. — 1.  Deed  from  Hannah  Thomas  and  husband,  dated  Novem- 
ber 10,  1802,  conveying  1  acre  and  6J  rods  (lighthouse  land).  Re- 
corded among  the  records  of  deeds  for  Plymouth  County,  at  Ply- 
mouth, November  18,  1802. 

2.  Deed  from  Leander  Lovell  and  wife,  dated  June  7,  1870.  con- 
veying 5.2  acres  (fort  land).  Recorded  in  book  365,  pages  247,  etc., 
of  same  records. 

Revocable  license. — The  Secretary  of  War,  in  compliance  with 
request  of  the  Secretary  of  the  Treasury,  under  date  of  April  26, 
1884,  authorized  the  construction  by  the  keeper  of  the  life-saving 
station,  of  a  small  dwelling,  upon  the  condition  that  it  be  removed 
whenever  the  War  Department  should  so  direct,  or  when  the  keeper 
should  cease  to  be  in  the  employ  of  the  Government.  Under  date 
of  June  26,  1884,  a  parcel  of  land  50  feet  square  in  the  southwest 
corner  of  the  lighthouse  keeper's  lot  was  definitely  selected  as  the 
site  for  the  above  dwelling. 

Upon  the  abandonment  of  the  post,  permission  was  granted  by  the 
Secretary  of  War,  under  date  of  September  23,  1884,  to  the  keeper  of 
the  life-saving  station  to  occupy  the  quarters  of  the  ordnance 
sergeant. 

Jurisdiction. — Ceded  to  the  United  States  by  an  act  of  the  State 
legislature  approved  June  23,  1869,  as  amended  by  an  act  approved 
June  22, 1870.  These  acts  provide  as  follows : 

SECTION  1.  Jurisdiction  is  hereby  ceded  to  the  United  States  over  the  site  of 
Fort  Standish,  on  the  Saquish  Neck,  and  over  the  site  of  Port  Andrew,  on  the 
Gurnet  Point  (both  sites  lying  to  the  northward  and  eastward  and  near  the 
entrance  of  the  harbor  of  Plymouth),  for  the  purpose  of  building  and  maintain- 
ing thereon  such  forts,  arsenals,  wharves,  or  other  structures,  with  their  ap- 
pendages, as  may  be  necessary  for  the  public  service  and  as  may  be  purchased 
for  such  use  by  the  United  States ;  and  the  jurisdiction  is  also  ceded  over  all  the 
shores,  flats  and  waters  contiguous  to  those  sites,  and  within  four  hundred  yards 
from  low-water  mark,  and  all  right,  title  and  claim  which  the  Commonwealth 
may  have  to  or  in  the  premises  aforesaid,  is  hereby  granted  to  the  United 
States:  Provided,  that  this  Commonwealth  shall  retain  a  concurrent  jurisdic- 
tion with  the  United  States  in  and  over  all  the  premises  aforesaid,  as  far  as 
that  all  civil  processes  and  such  criminal  processes  against  any  person  or 
persons  charged  with  crimes  committed  without  the  premises  aforesaid  as  may 
Issue  under  the  authority  of  this  Commonwealth  may  be  executed  on  said  prem- 
ises and  in  any  building  or  structure  erected  or  to  be  erected  thereon,  in  the 
same  way  and  manner  and  with  the  same  effect  as  if  jurisdiction  had  not  been 
ceded  as  aforesaid. 

SEC.  2.  The  premises  over  which  jurisdiction  is  granted  by  this  act,  and  all 
structures  and  other  property  thereon,  shall  be  exonerated  from  all  taxes  and 
assessments  which  may  be  imposed  under  the  authority  of  this  Commonwealth, 
while  said  premises  shall  remain  the  property  of  the  United  States,  and  shall 
be  used  for  the  purposes  intended  by  this  act.  (Approved,  June  23,  1869.) 

The  act  approved  June  22,  1870,  amends  section  3  of  this  act  so  as  to  provide 
that  the  plans  of  the  sites  of  said  forts  shall  be  deposited  with  the  secretary  of 
the  Commonwealth  within  six  months  after  the  United  States  has  acquired  title 
by  deed. 

FORT   ANDREWS. 

This  reservation  is  situated  in  the  town  of  Hull  and  comprises  the 
northerly  end  of  Peddocks  Island  (area  about  88  acres),  lot  106  on 
Strawberry  Hill  (area  about  0.44  acre),  a  tract  on  Point  Allerton 
(area  about  1.62  acres),  and  a  tract  at  Allerton  Station  (area  about 
0.14  acre).  Total  area,  about  90.2  acres. 


180  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

Title. — 1.  Quit-claim  deed  from  Eliza  J.  H.  Andrew  dated  Feb- 
ruary 18,  1897,  conveying  part  of  the  above  tract. 

2.  Warranty  deed  from  Eliza  J.  H.  Andrew  dated  February  12, 
1898,  conveying  same  tract.    Recorded  in  book  756,  page  149,  of  the 
records  of  Plymouth  County. 

3.  Deed  from  Edith  Andrew,  individually  and  as  trustee,  dated 
February  8,  1904,  conveying  65.227  acres.     Recorded  in  book  891, 
pages  67  to  69,  of  same  records. 

4.  Deed  from  Edith  Andrew,  individually  and  as  trustee,  dated 
December  10,  1904,  conveying  "in  fee  simple  the  right  to  construct 
and  maintain  a  water  main  "  leading  from  the  reservation  to  the  sea, 
"at  a  point  opposite  Nut  Island."    Recorded Jn  book  909,  page  167, 
of  same  records. 

5.  Deed  from  Edith  Andrew,  individually  and  as  trustee,  dated 
July  31,  1906,  conveying  right  to  lay  in  trench  and  maintain  cables 
in  and  over  land  owned  by  grantor  at  Point  Allerton.    Recorded  in 
book  959,  page  441,  of  same  records. 

6.  License  from  board  of  harbor  and  land  commissioners  of  the 
Commonwealth  of  Massachusetts  to  the  United  States,  October  r>, 
1904,  to  lay  a  6-inch  water  pipe  in  Boston  Harbor  from  Nut  Island 
to  Peddocks  Island.     Recorded  in  Norfolk   County  deed  records, 
volume  995,  page  377  and  in  Plymouth  County  deed  records,  book 
915,  pages  88-89. 

7.  Decree  of  United  States  district  court  June  28,  1906,  and  deed 
from  Emery  W.  Clark  and  wife  dated  July  17,  1906,  conveying  land 
on  Point  Allerton  (about  70,600  square  feet,  more  or  less,  of  which 
18,300  square  feet  are  upland  westerly  of  the  crest  of  the  bluff),  for 
a  site  for  range-finder  station.    Recorded  in  book  953,  pages  258  and 
261,  et  seq.,  same  records.     See  G.  O.  173,  War  Department,  October 
12, 1906. 

8.  Deed  from  Eben  D.  Jordan,  et  al.,  trustees,  dated  July  25,  1906, 
conveying  lot  106  on  Strawberry  Hill,  Hull,  Mass.,  containing  19,146 
square  feet;  recorded  in  book  9.")'.).  page  166,  of  same  records. 

9.  Deed  from  same  parties  dated  July  25, 1906,  conveying  easement 
for  cable  from  lot  106  in  and  over  certain  streets,  etc.,  to  Hull  Bay; 
recorded  in  book  959,  page  167,  of  same  records. 

10.  Deed  from  John  J.  Moore,  et  al.,  dated  September  11,  1906. 
conveying  lot   at   Allerton   Station,  containing   6,000  square   feet; 
recorded  in  book  959.  page  169,  of  same  records. 

Jurisdiction. — Ceded  by  acts  of  the  general  court  of  the  Common- 
wealth of  April  6,  1897  (acts  and  resolves  of  1897,  chap.  240),  and 
of  April  2,  1901  (acts  and  resolves  of  1901,  chap.  232),  and  of  June 
21,  1906  (acts  and  resolves  of  1906,  chap.  511),  providing,  respec- 
tively, as  follows: 

SECTION  1.  The  consent  of  the  Commonwealth  of  Massachusetts  is  hereby 
granted  to  the  United  States  of  America  to  purchase  a  portion  of  the  northerly 
end  of  Peddock's  Island  in  Boston  Harbor,  the  same  to  be  used  for  the  purpose 
of  national  defence. 

SEC.  2.  Jurisdiction  over  the  area  so  purchased  is  hereby  granted  and  ceded 
to  the  United  States:  provided,  (and  the  cession  and  consent  aforesaid  are 
granted  upon  the  express  condition),  that  the  Commonwealth  shall  retain  a 
concurrent  jurisdiction  with  the  United  States  in  and  over  the  part  of  the 
island  so  purchased,  so  far  as  that  all  civil  processes  and  such  criminal  proc- 
esses as  may  issue  under  the  authority  of  this  Commonwealth  against  any 
person  or  persons  charged  with  the  crimes  committed  without  the  said  tracts 


MASSACHUSETTS.  181 

01  land  may  be  executed  therein  in  the  same  way  and  manner  as  though  this 
consent  and  cession  had  not  been  made  and  granted. 

SEC.  3.  The  United  States  Government  is  hereby  authorized  to  occupy  and  fill 
such  flats  belonging  to  the  Commonwealth,  and  to  place  such  structures  in  or 
over  the  tide  water  adjacent  to  the  area  herein  authorized  to  be  purchased  as 
may  be  necessary  for  the  purpose  for  which  the  premises  over  which  jurisdic- 
tion is  ceded  in  section  one  are  to  be  used,  upon  such  terms  and  conditions  as 
shall  be  prescribed  by  the  harbor  and  land  commissioners. 

SEC.  4.  This  act  shall  be  void  unless  a  suitable  plan  or  plans  of  the  premises 
purchased  by  the  United  States  under  the  provisions  of  this  act  be  deposited 
in  the  office  of  the  secretary  of  the  Commonwealth  within  one  year  from  the 
passage  of  this  act.  (Act  of  Apr.  6,  1897.) 

SECTION  1,  The  consent  of  the  Commonwealth  of  Massachusetts  is  hereby 
granted  to  the  acquisition  by  the  United  States  of  America,  by  purchase  or 
condemnation,  for  the  purpose  of  national  defense,  of  eighty  acres  of  land,  or 
so  much  thereof  as  the  secretary  of  war  of  the  United  States  may  deem  neces- 
sary ;  on  Peddock's  island  in  Boston  harbor,  adjoining  the  present  United  States 
military  reservation  on  said  island.  Jurisdiction  over  the  area  so  acquired  is 
hereby  granted  and  ceded  to  the  United  States :  Provided,  ahvays,  that  the  Com- 
monwealth shall  retain  a  concurrent  jurisdiction  with  the  United  Sates  in  and 
over  the  land  so  acquired,  so  far  as  that  all  civil  processes  and  such  criminal 
processes  as  may  issue  under  the  authority  of  the  Commonwealth  against  any 
person  or  persons  charged  with  crimes  committed  without  the  area  so  acquired 
may  be  executed  therein  in  the  same  manner  as  though  this  cession  had  not 
been  granted ;  and  Provided,  further,  that  whenever  such  land  ceases  to  be  used 
by  the  United  States  for  the  purposes  for  which  it  is  acquired  the  exclusive 
jurisdiction  over  it  shall  revert  to  and  revest  in  the  Commonwealth. 

SEC.  2.  The  United  States  government  is  hereby  authorized,  upon  such  terms 
and  conditions  as  shall  be  prescribed  by  the  board  of  harbor  and  land  com- 
missioners, to  occupy  and  fill  such  flats  belonging  to  the  Commonwealth,  and 
to  place  such  structures  in  or  over  the  tide  water  adjacent  to  the  area  herein 
authorized  to  be  acquired  as  may  be  necessary  for  the  purposes  for  which  said 
area  is  to  be  used. 

SEC.  3.  This  act  shall  be  void  unless  a  suitable  plan  or  plans  of  the  premises 
acquired  by  the  United  States  under  the  provisions  of  this  act  shall  be  de- 
posited in  the  office  of  the  secretary  of  the  Commonwealth  within  six  months 
from  the  date  of  such  acquisition.  (Act  of  Apr.  2,  1901.) 

Under  date  of  October  16,  1905,  the  commanding  officer,  artillery 
district.  Fort  Banks,  Mass.,  reported  that  the  required  plans  "  have 
been  properly  filed  and  officially  accepted  by  the  secretary  of  the 
commonwealth." 

SECTION  1.  The  consent  of  the  Commonwealth  of  Massachusetts  is  hereby 
granted  to  the  United  States  of  America  to  purchase  four  parcels  of  land  in  the 
town  of  Hull,  for  purposes  of  national  defence,  as  follows : 

Parcel  one:  comprising  lots  one  hundred  and  five  and  one  hundred  and  six, 
as  shown  on  a  plan  entitled  "  Plan  of  Lots  owned  by  the  Nantasket  Co.  on  Straw- 
berry Hill  at  Nantasket  Beach,  by  C.  H.  Paine,  Surveyor,  dated  June,  1883,  and 
recorded  in  Plymouth  Registry  of  Deeds  in  Plan  Book  1,  page  98",  and  the 
back  lots  adjoining  the  same,  on  the  east,  on  "  Strawberry  Hill  ",  comprising  an 
area  of  forty  thousand  and  one  hundred  and  seven  square  feet ; 

Parcel  two:  lots  twenty-four  and  twenty-five  at  Point  Allerton,  as  shown  on 
a  plan  entitled  "  Land  at  Point  Allerton,  Hull,  Mass.,  by  Frederic  M.  Hersey, 
engineer,  dated  January  13,  1906",  area  about  seventy  thousand  six  hundred 
square  feet ; 

Parcel  three:  near  Point  Allerton  railroad  station  on  the  southwesterly  side 
of  Old  County  road,  fronting  thirty  feet  thereon  and  extending  back  at  right 
angles  thereto  and  of  the  same  width  •  to  mean  low  water  of  Hull  bay ;  the 
northerly  corner  being  at  the  junction  of  the  southerly  property  line  of  the 
Hull  and  Nantasket  Beach  railroad  with  the  southwesterly  line'  of  said  Old 
County  road  ;  area  about  six  thousand  feet ; 

Parcel  four  is  twelve  feet  square  and  lies  between  Spring  street  and  Hull 
bay,  the  northerly  side  of  the  same  being  the  face  of  the  sea  wall,  and  the 
northeasterly  corner  being  two  hundred  and  twenty-eight  feet  westerly  of  the 
angle  in  said  wall. 


182  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

SECTION  2.  Jurisdiction  over  the  land  so  purchased  is  hereby  granted  and 
ceded  to  the  United  States:  provided,  (and  the  cession  and  consent  aforesaid 
are  granted  upon  the  express  condition),  that  the  Commonwealth  shall  retain  a 
concurrent  jurisdiction  with  the  United  States  in  arid  over  the  land  so  pur- 
chased, so  far  as  that  all  civil  processes  and  such  criminal  processes  as  may 
issue  under  the  authority  of  the  Commonwealth  against  any  person  or  persons 
charged  with  crimes  committed  without  the  said  tracts  of  land  may  be  executed 
therein  in  the  same  manner  as  though  this  cession  had  not  been  granted. 

SECTION  3.  This  act  shall  be  void  unless  a  suitable  plan  or  plans  of  the  premises 
purchased  by  the  United  States  under  the  provisions  of  this  act  shall  be  de- 
posited in  the  office  of  the  secretary  of  the  Commonwealth  within  one  year 
from  the  passage  of  this  act.  (Approved  June  21,  1906.) 

FORT  BANKS. 

This  reservation  is  situated  in  the  town  of  Winthrop,  adjoining 
Boston,  in  Suffolk  County.  It  contains  33.242  acres,  with  metes  and 
bounds  as  given  in  G.  O.  12,  W.  D.,  January  15,  1908,  except  that 
said  order  includes  a  25-foot  strip  (area:  0.344  acre)  deeded  to  the 
town  of  Winthrop  for  a  public  roadway,  March  28,  1904,  under  act 
of  Congress  approved  March  15,  1904.  (33  Stat.  82.) 

Title. — 1.  Quitclaim  deed  from  William  B.  Rice  et  al.,  trustees, 
etc.,  dated  December  27,  1890,  conveying  part  of  block  "  Y,"  con- 
taining 143,455  square  feet  of  land.  Recorded  in  libro  2001,  page 
177,  of  the  deed  records  of  Suffolk  County. 

2.  Deed  from  Elizabeth  L.  McCloud  and  husband,  dated  December 
29,  1890,  conveying  106,027  J  square  feet  of  land  described  by  metes 
and  bounds.     Recorded  in  libro  2000,  page  635,  of  same  records. 

3.  Deed  from  Elizabeth  L.  McCloud  and  husband,  dated  December 
29,  1890,  conveying  43,744  square  feet  of  land  by  metes  and  bounds. 
Recorded  in  libro  2000,  page  636,  of  same  records. 

4.  Quitclaim  deed  from  Lucretia  Floyd  et  al.,  dated  January  1, 
1891,  conveying  144,824  square  feet  of  land  described  by  metes  and 
bounds ;  also  all  title,  etc.,  in  a  private  way  called  "  Elm  Avenue," 
less  7,500  square  feet  heretofore  conveyed  away,  making  in  this  con- 
veyance 137,324  square  feet  and  right  of  way.     Recorded  in  libro 
2000,  page  619,  of  same  records. 

5.  Deed  from  Phillips  P.  Floyd  and  wife,  dated  January  1,  1891, 
conveying  181,540  square  feet  of  land  by  metes  and  bounds.    Re- 
corded in  libro  2000,  page  621,  of  same  records. 

6.  Deed  from  Sumner  Floyd  and  wife,  dated  January  1, 1891,  con- 
veying 12,000  square  feet  of  land  by  metes  and  bounds.     Recorded  in 
libro  2000,  page  623,  of  same  records. 

7.  Deed  from  Henry  E.  Mills,  dated  January  1,  1891,  conveying 
two  tracts  containing  18,515  square  feet  of  land  described  by  metes 
and  bounds.     Recorded  in  libro  2000,  page  637,  of  same  records. 

8.  Quitclaim  deed  from  Samuel  G.  Irwin  and  wife,  dated  January 
3,  1891,  conveying  three-fourths  of  lot  4,  containing  90,926  square 
feet  of  land.     Recorded  in  libro  2000,  page  632,  of  same  records. 

9.  Deed  from  Louisa  E.  McArthur  and  husband,  dated  January 
10,  1891,  conveying  a  part  of  lot  D,  containing  4,037 J  square  feet  of 
land.     Recorded  in  libro  2002,  page  554,  of  same  records. 

10.  Quitclaim  deed  from  John  L.  Tewksbury  and    wife,  dated 
January  10,  1891,  conveying  lots  13  and  24  and  20  feet  of  lot  14, 
aggregating  9,593  square  feet  of  land.     Recorded  in  libro  2001,  page 
2,  of  same  records. 


MASSACHUSETTS.  183 

11.  Quitclaim  deed  from  William  B.  Floyd  and  wife,  dated  Janu- 
ary 12, 1891,  conveying  two  parcels  of  land  aggregating  75,327  square 
feet  of  land  described  by  metes  and  bounds.     Recorded  in  libro  2000, 
page  627,  of  same  records. 

12.  Quitclaim  deed  from  William  B.  Floyd  et  al.,  dated  January 
12,  1891,  conveying  18,100  square  feet  of  land  by  metes  and  bounds. 
Recorded  in  libro  2000,  page  625,  of  same  records. 

13.  Quitclaim  deed  from  Perez  M.  Hay  den  and  wife,  dated  "Janu- 
ary 12,  1891,  conveying  parts  of  lots  14  and  15,  containing  3,996 
square  feet  of  land  and  described  by  metes  and  bounds.     Recorded  in 
libro  2000,  page  631,  of  same  records. 

14.  Quitclaim  deed  from  Lorenzo  C.  Tewksbury  and  wife,  dated 
January  12,  1891,  conveying  20,217  square  feet  of  land  by  metes  and 
bounds.    Recorded  in  libro  2001,  page  4,  of  same  records. 

15.  Quitclaim  deed  from  William  G.  Grant  and  wife,  dated  Jan- 
uary 13,  1891,  conveying  lot  23,  containing  4.505  square  feet  of  land. 
Recorded  in  libro  2000,  page  630,  of  same  records. 

16.  Quitclaim  deed  from  the  Boston,  Winthrop  &  Shore  Railroad 
Co.,  dated  January  16,  1891,  conveying  3,742  square  feet  of  land  by 
metes  and  bounds.    Recorded  in  libro  2073,  page  362,  of  same  records. 

17.  Quitclaim  deed  from  Benjamin  D.  Chapman  and  wife,  dated 
January  22,  1891,  conveying  13,095  square  feet  of  land  by  metes  and 
bounds.    Recorded  in  libro  2073,  page  359,  of  same  records. 

18.  Quitclaim   deed   from   William   R.    Conner   and   wife,   dated 
March  21,  1891,  conveying  3,025  square  feet  of  land  and  all  interest 
in  Elm  Avenue,  and  a  strip  containing  275  square  feet  of  land,  all 
described  by  metes  and  bounds.    Recorded  in  libro  2000,  page  617,  of 
same  records. 

19.  Deed  from  David  H.  Blaney,  dated  March  24,  1891,  conveying 
192,031  square  feet,  in  two  tracts,  by  metes  and  bounds ;  also  right  of 
way  from  Beach  Street,  25  feet  in  width;  in  all,  193,937  square  feet 
of  land.     Recorded  in  libro  2000,  page  614,  of  same  records. 

20.  Deed  from  David  H.  Blaney,  dated  March  24,  1891,  conveying 
66,574  square  feet  of  upland  and" 9,990  square  feet  of  marsh;  total, 
76,564  square  feet,  described  by  metes  and  bounds.     Recorded  in 
libro  2000,  page  616,  of  same  records. 

21.  Quitclaim  deed  from  George  C.  Stanley  and  wife,  dated  March 
26,  1891,  conveying  4,475  square  feet  of  land;  all  interest,  etc.,  in 
Elm  Avenue  and  a  strip  adjoining  said  avenue  containing  651,455 
square  feet,  all  described  by  metes  and  bounds.     Recorded  in  libro 
2001,  page  1,  of  same  records. 

22.  Deed  from  Ella  F.  Wendall  and  husband,  dated  March  27, 
1891,  conveying  16,493  square  feet  of  land  by  metes  and  bounds.    Re- 
corded in  libro  2001,  page  5,  of  same  records. 

23.  Quitclaim  deed  from  Thomas  Floyd  and  wife,  dated  March 
27, 1891,  conveying  82,718  square  feet  of  land,  in  two  tracts,  by  metes 
and  bounds.    Recorded  in  libro  2000,  page  628,  of  same  records. 

24.  Deed  from  Harry  England  and  wife,  dated  March  30,  1891, 
conveying  14,845  square  feet  of  land  by  metes  and  bounds.    Recorded 
in  libro  2001,  page  298,  of  same  records. 

25.  Quitclaim  deed  from  John  Macdonald  and  wife,  dated  April 
9,  1891,  conveying  14,800  square  feet  of  land  by  metes  and  bounds, 
with  right  of  way,  etc.    Recorded  in  libro  2000,  page  634,  of  same 
records. 


184  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

LM).  Quitclaim  deed  from  William  IV  Floyd  ami  \viiV.  dated  April 
10,  1891,  conveying  iM.O:>5  square  feet  of  land  by  motes  and  bounds. 
Kecorded  in  libro  -JOOO.  page  I>'_M>,  of  same  records. 

27.  Quitclaim    deed    from    James    McLauchlin    and    wife,    dated 
October  'JO,  1891,  conyeyinir  -1.717  square  feet  of  land  by  metes  and 
bounds.     Recorded  in  libro  'J07:>.  page  355,  of  same  ivcords. 

28.  Quitclaim  deed  from  Hamilton  R.  Douglass  and  wife,  dated 
October  26,  1891,  conveying   1,011  square  feet  of  land  by  metes  and 
bounds.    Recorded  in  libro  *J(>7;>,  page  :>.M,  of  same  records. 

29.  Quitclaim  deed  from  Lucretia    Floyd  et  al..  dated   November 
24,  1891,  conveying  Elm  Avenue.    Recorded  in  libro  2152,  page  281, 
of  same  records. 

30.  Quitclaim  deed  from   David    H.   Blaney,   dated   December   8, 
1891,  conveviim  25,422  square  feet  of  land   by   metes  and   bounds. 
Recorded  in'  libro  2073,  page  360,  of  same  records. 

31.  Quitclaim  deed  from  Thomas  Floyd  and  wife,  dated  January 

21. 1892,  conveying  7,100  square  feet  of  land.    Recorded  in  libro  -J07JJ, 
page  358,  of  same  records. 

jVj.  Quitclaim  deed  from  Lorenzo  C.  Tewksbury  and  wife,  dated 
May  -J>.  1893,  conveying  lots  F  and  F  of  the  estate  of  Thomas  Floyd, 
containing  75,886  square  feet  of  land  by  metes  and  bounds.  Recorded 
in  libro  2146,  page  153,  of  same  ivcords. 

33.  Quitclaim  deed  from  William  1>.  Floyd  and  wife,  dated  May 

23. 1893,  conveying  Kim  A  venue  on  certain  conditions,  etc.    Recorded 
in  libro  2152,  page  283,  of  same  records. 

34.  Quitclaim  deed  from  Hermon  B.  Tewksbury  and  wife,  dated 
Julv  21,  1893,  conveying  all  interest  in  Cherry  Street,  etc.    Recorded 
in  libro  2152,  page  284,  of  same  records. 

35.  Quitclaim  deed  from  Phillips  P.  Floyd  and  wife,  dated  January 
19,  1894,  conveying  all  title  and  interest  in  Grover's  Cliff,  and  par- 
ticulary  Elm  Avenue.     Recorded  in  libro  2180,  page  527,  of  same 
records. 

36.  Release  by  Lydia  S.  Floyd  et  al.,  dated  July  8,  1904,  of  their 
rights  to  Elm  Avenue,  within  limits  of  the  reservation.    Recorded  in 
book  3141,  page  319,  of  same  records. 

This  release  and  certain  prior  ones  were  made  with  the  understand- 
ing, embodied  as  a  condition  in  one  of  them  (No.  33,  ante),  that  the 
United  States  would  open  a  right  of  way  connecting  Winthrop  Street 
with  that  portion  of  Elm  Avenue  not  released.  This  was  done  by 
deed  from  the  Secretary  of  War  to  the  town  of  Winthrop,  dated 
March  28,  1904,  under  authority  of  act  of  Congress  approved  March 
15,1904  (83  Stat,  82). 

The  foregoing  lands  were  acquired  pursuant  to  the  acts  of  Congress 
approved  August  1,  1888,  and  August  18,  1890. 

Jurisdiction. — Ceded  to  the  United  States  by  an  act  of  the  General 
Court  of  the  Commonwealth  of  Massachusetts,  approved  March  16, 
1891,  which  provides  as  follows: 

SECTION  1.  The  consent  of  this  Commonwealth  is  hereby  granted  to  the 
United  States  of  America  to  purchase  two  tracts  of  land  in  the  town  of  Win- 
throp, as  will  be  described  in  the  plans  provided  for  in  section  three  of  this  act 
with  the  buildings  thereon  purchased  or  to  be  purchased  by  the  United  States, 
for  the  purposes  of  national  defence. 

SEC.  2.  Jurisdiction  over  the  said  tracts  is  hereby  granted  and  ceded  to  the 
United  States:  proridcil.  uliniys.  and  the  cessions  and  consent  aforesaid  are 
granted  upon  the  express  condition  that  this  ("oimnonwealth  shall  retain  n 


MASSACHUSETTS. 

concurrent  jurisdiction  with  the  United  States  in  and  orer  the  said  tracts  of 
land  aforesaid,  so  far  as  that  all  civil  processes  and  snch  criminal  processes  as 
may  issue  under  the  authority  of  this  Commonwealth  against  any  person  or 
persons  charged  with  crimes  committed  without  the  said  tracts  of  land  may  be 
executed  therein  in  the  same  way  and  manner  as  though  this  consent  and 
cession  had  not  been  made  and  granted. 

This  act  shall  be  void  unless  suitable  plans  of  the  premises,  or  such 
portion  or  portions  thereof  as  may  be  purcahesd  by  the  United  States,  be  de- 
~d  in  the  office  of  the  Secretary  of  this  Commonwealth  within  one  y^ar  from 
the  passage  of  this  act. 

Plan  filed  in  the  office  of  the  secretary  of  the  Commonwealth  of 
— achusetts  February  18,  1892,  by  S.  M.  Mansfield,  lieutenant 
colonel.  Engineers.  United  States  Army. 


This  propert  ated  at  "Great  Head,"  in  the  town  of 

throp.  about  1  mile  southeasterly  from  Fort  Banks,  and  about  1J 
miles  southerly  from  Fort  Heath.    It  was  acquired  for  a  wharf  site, 

Banks  and  Fort  Heath. 

Title.— I.  Transfer  certificate  of  title,  dated  December  13,  1904. 
registered  in  book  3,  page  136.  Xo.  736.  that  the  United  States  "  is  the 
owner  in  fee  simple  *"  of  the  parcels  of  upland  and  flats,  described 
therein,  known  as  the  "  Rice  Wharf  .r?  located  at  Winthrop,  Mass. 

Deed  from  Joshua  T.  Xowell  and  wife,  dated  May  15, 190T,  con- 
veying lot  Xo.  39.  adjoining  the  premises  acquired  by  above  transfer 
•ficate  of  title.    Recorded  in  book  3*220,  page  176,  of  deed  records 
-uffolk  County.    Said  premises  are  also  covered  by  decree  of  con- 
demnation. United  States  district  court,  district  of  Massachusetts, 
dated  June  7, 1907. 

DEER  ISLAND. 

This  reservation  is  situated  in  Boston  Harbor,  and  comprises  two 
f  land  on  Deer  Island,  containing  together  about  100  acres 
above  mean  low- water  mark.    It  was  acquired  for  fortification  pur- 
poses pursuant  to  act  of  Congress  approved  June  25,  1906  (34  Stat., 

—Quitclaim  deed  from  the  city  of  Boston,  dated  April 
1906.  to  above  t:  Recorded  in  libfo  3177,  page  577,  of  the  deed 

records  of  Suffolk  Cour. 

Lea- •-:.— For  one  year  from  June  1.  1914.  to  the  city  of  Boston  of 
that  portion  of  the  reservation  not  in  use  by  the  United  Stat 

-Consent  to  the  purchase  given,  and  jurisdiction 
ceded  over  the  premises  above  described,  including  jurisdiction  over 
two  strips  of  land  separating  said  nd  lying  within  the  in- 

terior boundaries  thereof:  which  strips  were  taken  by  the  board  of 
metropolitan  sewerage  commissioners  April  2.  1890,  under  authority 
of  an  act  of  the  General  Court  of  the  Commonwealth  of  Massachu- 
s,  approved  March  6. 1907  (chap.  172.  acts  of  1907).  subject  to  the 
proviso  that : 

The  cession  and  consent  aforesaid  are  Driven  upon  the  express  condition  that 

the  Commonwealth  shall  retain  concurrent  jurisdiction  with  the  United  States 

in  and  over  the  lands  so  purchased,  as  well  as  in  and  over  the  aforesaid  two 

strips  of  land  lying  within  the  tract  described  in  section  one,  so  far  as  that  all 

processes  and  such  criminal  pro<    -          -  may  issue  under  authority  of  the 


186  UNITED    STATES    MILITARY   RESERVATIONS,  ETC. 

Commonwealth  against  any  person  or  persons  charged  with  crimes  committed 
without  the  said  tract  of  land,  including  also  the  two  strips  of  land  aforesaid, 
may  be  executed  thereon,  in  the  same  manner  as  though  this  cession  and  consent 
had  not  been  granted. 

Sections  3,  4,  and  5  of  said  act  provide  as  follows: 

SECTION  3.  The  United  States  Government  is  hereby  authorized,  upon  such 
terms  and  conditions  as  may  be  prescribed  by  the  harbor  and  land  commis- 
sioners, to  occupy  and  fill  such  flats  belonging  to  the  Commonwealth,  and  to 
place  such  structures  in  or  over  the  tide  water  adjacent  to  the  area  herein 
authorized  to  be  purchased  as  may  be  necessary  for  the  purposes  for  which  said 
area  is  to  be  used. 

SECTION  4.  This  act  shall  be  void  unless  a  suitable  plan  or  plans  of  the  prem- 
ises purchased  by  the  United  States  under  the  provisions  of  this  act  shall  be 
deposited  in  the  office  of  the  Secretary  of  the  Commonwealth  within  one  year 
after  its  passage. 

SECTION  5.  Nothing  contained  herein  shall  abridge  or  affect  the  right  and 
title  of  the  Commonwealth  in  and  to  the  two  strips  of  land  included  in  the  tract 
described  in  section  one,  and  acquired  under  the  taking  aforesaid  by  the  board 
of  metropolitan  sewerage  commissioners,  the  said  two  strips  being  the  fifth  and 
sixth  parcels  described  in  said  taking. 

A  plan  of  the  premises  purchased  by  the  United  States  was  filed 
with  the  secretary  of  the  Commonwealth,  March  8,  1907,  in  com- 
pliance with  the  requirements  of  section  4  of  said  act. 

GLOUCESTER  GUN   HOUSE. 

This  reservation  is  situated  at  Gloucester,  in  Essex  County,  and 
contains  2,800  square  feet  of  ground. 

Title. — Deed  from  William  Pearce  and  wife,  dated  October  1~>. 
1808,  conveying  the  above  tract.  Recorded  in  book  187,  leaf  214,  of 
the  deed  records  of  Essex  County. 

FORT  HEATH. 

This  reservation  is  situated  near  Fort  Banks  on  Grover's  Cliff  in 
the  town  of  Winthrop  in  Suffolk  County.  It  was  formerly  known 
as  the  "  Gun  Battery,"  and  contains  17.2  acres  above  the  line  of  mean 
low  water,  with  metes  and  bounds  as  published  in  G.  O.  137,  W.  D., 
August  24,  1908. 

Title. — 1.  Quitclam  deed  from  William  B.  Rice  et  al.,  trustees,  etc., 
dated  December  25,  1890,  conveying  lots  9  and  10  in  block  3,  con- 
taining 10,301  square  feet  of  land ;  also  lot  12  in  block  3,  containing 
5,187  square  feet  of  land.  Recorded  in  libro  2001,  page  178,  of  the 
deed  records  of  Suffolk  County. 

2.  Quitclaim  deed  from  William  B.  Rice,  dated  December  26,  1890, 
conveying  lot  No.  3  in  block  2,  containing  11,880  square  feet  of  land 
together  with  the  flats  and  riparian  rights  appurtenant.     Recorded 
in  libro  2001,  page  202,  of  same  records. 

3.  Quitclaim  deed  from  William  B.  Rice  et  al..  trustees,  etc.,  dated 
December  27.  1890,  conveying  lots  1,  2,  3,  14,  and  15  in  block  3,  con- 
taining 33,685  square  feet  of  land;  also  lots  4  and  5  in  block  3, 
containing  11,073  square  feet  of  land.     Recorded  in  libro  2001,  page 
180,  of  same  records. 

4.  Quitclaim  deed  from  William  B.  Rice  et  al.,  trustees,  etc.,  dated 
December  27,  1890,  conveying  lot  2  in  block  2,  containing  11,750 
square  feet  of  land;  also  lot  4  in  block  2,  containing  12,230  square 
feet  of  land.     Recorded  in  libro  2001,  page  181,  of  same  records. 


MASSACHUSETTS.  187 

5.  Quitclaim  deed  from  William  B.  Rice  et  al.,  trustees,  etc.,  dated 
December  27,  1890,  conveying  lots  1,  22,  and  21  in  block  4,  containing 
18,406  square  feet  of  land;  also  lot  3  in  block  4,  containing  4,807 
square  feet  of  land ;  also  lot  5  in  block  4,  containing  4,807  square  feet 
of  land.     Recorded  in  libro  2001,  page  183,  of  same  records. 

6.  Quitclaim  deed  from  William  B.  Rice  et  al.,  trustees,  etc.,  dated 
December  27,  1890,  conveying  lots  7,  8,  9,  10,  and  11  in  block  4,  con- 
taining 26,051  square  feet  of  land ;  also  lots  12,  13,  14,  15,  16,  17,  18, 
19,  and  20  in  block  4,  containing  46,855  square  feet  of  land.     Re- 
corded in  libro  2001,  page  185,  of  same  records. 

7.  Quitclaim  deed  from  William  B.  Rice  et  al.,  trustees,  etc.,  dated 
December  27,  1890,  conveying  lot  21  in  block  1,  containing  14,520 
square  feet  of  land.     Recorded  in  libro  2001,  page  186,  of  same 
records. 

8.  Quitclaim  deed  from  William  B.  Rice  et  al.,  trustees,  etc.,  dated 
December  27,  1890,  conveying  lots  8  and  9  in  block  5,  containing 
14,442  square  feet  of  land.     Recorded  in  libro  2001,  page  188,  of 
same  records. 

9.  Quitclaim  deed  from  William  B.  Rice  et  al.,  trustees,  etc.,  dated 
December  27,  1890,  conveying  lots  4  and  5  in  block  5,  containing 
14,442  square  feet  of  land.     Recorded  in  libro  2001,  page  189,  of 
same  records. 

10.  Quitclaim  deed  from  luucj  A.   Woods   and  husband,   dated 
December  27,  1890,  conveying  lot  10  in  block  5,  containing  7,700 
square  feet  of  land  and  all  the  beach,  flats,  and  riparian  rights  thereto 
belonging.     Recorded  in  libro  2001,  page  195,  of  same  records. 

11.  Quitclaim  deed  from  Julia  B.  Robbins  and  husband,  dated 
December  27, 1890,  conveying  lot  7  in  block  5,  containing  7,200  square 
feet  of  land,  with  the  beach,  flats,  and  riparian  rights,  etc.     Recorded 
in  libro  2001,  page  199,  of  same  records. 

12.  Quitclaim  deed  from  George  A.  Bruce  and  wife,  dated  De- 
cember 27,  1890,  conveying  lot  1  in  block  2,  containing  14,130  square 
feet  of  land,  with  the  beach,  flats,  and  riparian  rights,  etc.     Recorded 
in  libro  2001,  page  200,  of  same  records. 

13.  Deed  from  Francis  E.  Galloupe  and  wife,  dated  December  27, 
1890,  conveying  lots  6  and  7  in  block  2,  containing  34,534  square  feet 
of  land,  with  the  beach,  flats,  riparian  rights,  and  dwelling.     Re- 
corded in  libro  2001,  page  343,  of  same  records. 

14.  Quitclaim  deed  from  William  B.  Rice  et  al.,  trustees,  etc.,  dated 
December  27,  1890,  conveying  lots  1,  3,  5,  6,  7,  8,  11,  and  13  in  block 
3,  containing  238,200  square  feet  of  land.     Recorded  in  libro  2001, 
page  203,  of  same  records. 

15.  Quitclaim  deed  from  Amos  H.  Miller  and  wife,  dated  Decem- 
ber 29,  1890,  conveying  lot  5  in  block  2,  containing  12,900  square  feet 
of  land,  with  beach,  flats,  and  riparian  rights    (see  restrictions). 
Recorded  in  libro  2001,  page  196,  of  same  records. 

16.  Quitclaim  deed  from  Arthur  D.  McClellan  and  wife,  dated 
December  30,  1890,  conveying  lot  11  in  block  5,  containing  8,030 
square  feet  of  land;  also  lot  11  in  block  3,  containing  5,187  square 
feet  of  land.     Recorded  in  libro  2001,  page  198,  of  same  records. 

17.  Quitclaim  deed  from  William  O.  Hunt,  dated  December  31, 
1890,  conveying  lot  7  in  block  3,  containing  5,650  square  feet  of  land. 
Recorded  in  libro  2001,  page  193,  of  same  records. 


188  UNITED    STATES    M1LITAKY    RESERVATIONS,  ETC. 

18.  Quitclaim  deed  from  Edward  R.  Howe  and  wife,  dated  Janu- 
ary 2,  1891,  conveying  lot  6  in  block  3,  containing  5,561   square 
feet  of  land.     Recorded  in  libro  2001,  page  194,  of  same  records. 

19.  Deed  from  Charles  Davis,  jr.,  et  al.,  trustees,  etc.,  dated  Janu- 
ary 5,  1891,  conveying  a  lot  at  the  easterly  end  of  Grovers  Cliff,  con- 
taining 238,200  square  feet  of  land,  with  the  flats,  riparian  rights, 
etc.    Recorded  in  libro  2001,  page  340,  of  same  records. 

20.  Quitclaim  deed  from  William  B.   Rice  et  al.,  trustees,  etc., 
dated  April  17,  1891,  conveying  lands  in  rear  of  lots  4  and  5  in  block 
5,  and  lands  in  rear  of  lots  7,  8,  9,  10,  and  11  in  block  5,  by  metes 
and  bounds  (shore  line).    Recorded  in  libro  2001,  page  190,  of  same 
records. 

21.  Deed  from  Nellie  A.  Hutchins,  guardian,  etc.,  dated  October 
23,  1891,  conveying  lots  2  and  4  in  block  4  and  lot  8  in  block  3,  con- 
taining 15,075  square  feet  of  land.     Recorded  in  libro  2073,  page 
356,  of  same  records. 

22.  Quitclaim  deed  from  William  B.  Rice,  dated  May  5,  1893,  con- 
veying lot  13  in  block  3,  containing  5,187  square  feet;  lot  6  in  block 
4,  containing  4,807  square  feet;  lot  6  in  block  5,  containing  0,600 
square  feet;  aggregating  16,594  square  feet  of  land  by  metes  and 
bounds;  also  the  land  between  lot  6  in  block  5  and  mean  high  water. 
Recorded  in  libro  2146,  page  151,  of  same  records. 

23.  Quitclaim  deed  from  Michael  Roughan,  dated  June  2,  1893, 
conveying  lots  8  and  9  in  block  2,  containing  37,920  square  feet  of 
land,  "with  the  flats  within  side  lines  of  lots  and  all  riparian  rights, 
etc.    Recorded  in  libro  2147,  page  97,  of  same  records. 

24.  Quitclaim  deed  from  William   B.   Rice  et   al.,  trustees,  etc., 
dated  August  1,  1893,  releasing  all  restrictions  on  lots  8  and  9  in 
block   2,    heretofore    conveyed    to   the   United    States   by  Michael 
Roughan  (No.  23  ante).    Recorded  in  libro  2147,  page  88,  of  same 
records. 

25.  Quitclaim  deed  from  William  B.  Rice  et  al.,  trustees,  etc., 
dated  February  9,  1894,  conveying  all  right,  title,  and  interest  of,  in, 
and  to  the  property,  and  also  easements  in  streets  and  alleys  included 
in  plan  3051  on  file  in  the  office  of  the  Secretary  of  the  Common- 
wealth, being  the  plan  of  land  purchased  or  to  be  purchased  for  the 
purposes  of  national  defenses  at  Winthrop.    Recorded  in  libro  2184, 
page  270,  of  same  records. 

Jurisdiction. — See  "Fort  Banks." 

FORT    INDEPENDENCE,    CASTLE    ISLAND. 

This  reservation  is  situated  in  Boston  Harbor  about  2J  miles  from 
India  Wharf,  200  yards  from  City  Point,  and  about  1,160  yards  from 
Governors  Island,  from  which  it  is  separated  by  the  main  channel. 
It  includes  the  whole  island,  and  contains  an  area  of  about  12  acres, 
from  measurements  taken  at  high  water. 

Title  and  jurisdiction. — Ceded  to  the  United  States  by  an  act  of 
the  General  Court  of  Massachusetts,  approved  June  25,  1798,  which 
provides  as  follows: 

SECTION  1.  Be  it  enacted,  etc.,  That  an  Island  in  the  harbor  of  Boston,  called 
Castle  Island,  be,  and  hereby  is  granted,  and  ceded  to  the  United  States,  for 
the  purpose  of  erecting  forts,  magazines,  arsenals,  dock  yards,  and  other  needful 
buildings  thereon,  for  the  defence  of  the  United  States;  *  *  * 


MASSACHUSETTS.  189 

SEC.  2.  Be  it  further  enacted,  That  the  consent  of  this  Commonwealth,  be, 
end  hereby  is  granted  to  the  United  States,  to  purchase  an  Island  in  the  harbor 
of  Boston,  called  Governor's  Island,  and  also  a  tract  of  land,  .not  exceeding 
six  hundred  and  forty  acres,  situated  in  the  town  of  Springfield,  in  the  county 
of  Hampshire,  for  the  sole  purpose  of  erecting  forts,  magazines,  arsenals,  dock 
yards,  and  other  needful  buildings;  the  evidence  of  the  purchases  aforesaid, 
to  be  entered  and  recorded  in  the  Registry  of  Deeds  in  the  counties  where  the 
same  lands  are  respectively  situated.  Provided,  always,  and  the  cession  and 
consent  aforesaid  are  granted  upon  the  express  condition,  That  this  Common- 
wealth shall  retain  a  concurrent  jurisdiction  with  the  United  States,  in  and 
over  the  islands  and  tract  of  land  aforesaid,  so  far  as  that  all  civil  and  such 
criminal  processes  as  may  issue  under  the  authority  of  this  Commonwealth 
against  any  person  or  persons  charged  with  crimes  committed  without  the  said 
islands  and  tract  of  land  may  be  executed  therein,  in  the  same  way  and  manner 
as  though  this  cession  and  consent  had  not  been  made  and  granted. 

By  letter  of  October  9,  1906,  the  Acting  Secretary  of  War  trans- 
ferred to  the  Department  of  Commerce  and  Labor,  for  a  lighthouse 
station,  a  brick  building  and  site  of  the  same  on  Castle  Island,  at 
the  southwest  corner  of  the  fort;  and  by  letter  dated  April  24,  1908, 
the  Secretary  of  War  transferred  to  the  Department  of  Commerce 
and  Labor,  for  the  purposes  of  a  lighthouse  depot,  a  tract  of  1.2 
acres,  at  the  northeasterly  corner  of  the  fort,  these  transfers  being 
made  upon  the  condition  that  the  premises  will  be  returned  to  the 
War  Department  in  the  event  of  their  being  required  for  military 
purposes. 

By  instrument  dated  March  15,  1907,  the  Secretary  of  War  granted 
his  consent  to  the  improvement  and  beautifying  by  the  city  of  Boston 
of  the  entire  reservation  of  Castle  Island,  with  certain  exceptions, 
under  joint  resolution  of  Congress  of  May  1,  1890.  which  provides 
that  the  title  and  control  of  the  reservation  shall  remain  in  the  United 
States  and  be  "  subject  to  such  changes  and  uses  for  military  or  other 
purposes  as  the  Secretary  of  War  may  direct"  (26  Stat.,  671). 

See  also  "  Fort  Warren." 

FORT   LEE. 

This  reservation  is  situated  on  Salem  Neck,  in  Salem,  Essex 
County,  and  contains  an  area  of  2.3  acres. 

Title. — Deed  from  the  city  of  Salem,  dated  July  31,  1867,  convey- 
ing the  site  of  old  Fort  Lee.  Recorded  in  book  730,  leaf  10,  of  the 
deed  records  of  Essex  County. 

LONG  POINT    (PROVINCETOWN). 

This  reservation  is  situated  in  Provincetown  Harbor,  in  Barnstable 
County,  and  contains  150  acres. 

Title  and  jurisdiction. — Ceded  by  an  act  of  the  General  Court  of 
the  Commonwealth,  approved  March  5,  1864,  as  follows: 

SECTION  1.  Jurisdiction  is  hereby  granted  and  ceded  to  the  United  Stales  of 
America,  and  all  right  of  this  Commonwealth  to  the  soil  thereof,  over  all  that 
portion  of  Long  Point  in  Provincetown  Harbor  extending  from  the  extremity 
occupied  by  the  Light-house,  to  a  line  drawn  true  west  through  the  northern 
point  of  House  Point  Island,  including  also  that  island  and  all  the  flats  adja- 
cent to  the  premises  conveyed  (and  all  the  flats  adjacent  to  any  land  now 
owned  by  the  United  States  on  said  point)  and  also  over  such  other  lands  be- 
longing to  said  Commonwealth  in  said  Provincetown  as  the  United  States  may 
take  and  occupy  for  the  erection  of  fortifications :  Provided,  That  a  plan  thereof 
shall  be  filed  in  the  office  of  the  Secretary  of  this  Commonwealth  within  two 


190  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

years  from  the  passage  of  this  act.  Jurisdiction  is  also  ceded  to  said  United 
States  of  America  over  all  other  lands  in  said  Provincetown  to  which  the 
United  States  may  acquire  title  for  the  purposes  aforesaid:  Provided,  That  a 
plan  of  said  premises  shall  be  filed  with  the  Secretary  of  this  Commonwealth 
within  one  year  after  such  title  of  the  United  States  is  acquired,  and  consent 
is  hereby  given  to  the  acquisition  of  such  title:  Provided,  always,  That  this 
Commonwealth  shall  retain  concurrent  jurisdiction  with  the  United  States  in 
and  over  all  the  lands  aforesaid,  so  far  that  all  civil  processes  and  all  criminal 
processes  issuing  under  the  authority  of  this  Commonwealth,  may  be  executed 
on  said  lauds,  and  in  any  buildings  thereon  or  to  be  erected  thereon,  in  the 
same  way  and  manner  as  if  jurisdiction  had  not  been  granted  as  aforesaid. 

Revocable  licenses. — December  14,  1905,  to  the  Treasury  Depart- 
ment, to  erect  a  boathonse  for  the  Life-Saving  Service. 

June  19,  1914,  to  the  Treasury  Department,  for  the  establishment 
of  a  rifle  range  for  the  Revenue-Cutter  Service. 

NAHANT  (LANDS  AT). 

This  reservation  is  situated  at  Nahant,  in  Essex  County,  and  con- 
tains about  44|  acres. 

Title.— 1.  Deed  from  Joseph  T.  Wilson,  dated  October  25,  1899, 
conveying  1,650  square  feet.  Entered  in  the  register's  office  of  Es- 
sex County,  with  Essex  deeds.  So.  Dist.,  libro  1646,  page  410. 

2.  Deed  from  Joseph  T.  Wilson,  dated  October  25,  1899,  conveying 
181,845  square  feet.    Entered  in  libro  1634,  page  133,  same  records. 

3.  Deed  from  the  Nahant  Land  Co.,  dated  November  1,  1899,  con- 
veying 126,324  square  feet.     Entered  in  libro  1629,  page  323,  same 
records. 

4.  Deed  from  Clara  A.  Jones  et  al.,  dated  November  1,  1899,  con- 
veying 8,686  square  feet.     Entered  in  libro  1646,  page  409,  same 
records. 

5.  Deed  from  Clara  A.  Jones  et  al.,  dated  November  1,  1899,  con- 
veying 5,775  square  feet.     Entered  in  libro  1646,  page  414,  same 
records. 

6.  Deed  from  Alice  C.  Mclntosh  and  husband,  dated  November  1. 
1899,  conveying  41,175  square  feet.     Entered  in  libro  1646,  page 
441,  same  records. 

7.  Deed  from  the  Nahant  Land  Co..  dated  November  2,  1899,  con- 
veying 14  lots  therein  described.     Entered  in  libro  1629,  page  325, 
same  records. 

8.  Deed  from  the  Nahant  Land  Co.,  dated  November  3,  1899.  con- 
veying 50,000  square  feet.     Entered  in  libro  1629,  page  347,  same 
records. 

9.  Deed  from  Edward  J.  Johnson,  dated  November  3,  1899.  con- 
veying 3,750  square  feet.     Entered  in  libro  1629,  page  337,  same 
records. 

10.  Deed  from  the  Nahant  Land  Co.,  dated  November  4,  1899, 
conveying  1,634  square  feet.    Entered  in  libro  1634,  page  138,  same 
records. 

11.  Deed  from  the  Nahant  Land  Co.,  dated  November  6,  1899, 
conveying  121,180  square  feet.     Entered  in  libro  1634,  page   136, 
same  records. 

12.  Deed  from  Charles  G.  Pendleton,  dated  November  7,  1899,  con- 
veying 3,526  square  feet.     Entered  in  libro  1629,  page  340,  same 
records. 


MASSACHUSETTS.  191 

13.  Deed  from  the  Nahant  Land  Co.,  dated  November  7,  1899, 
conveying  63,941  square  f  ^et.    Entered  in  libro  1646,  page  416,  same 
records. 

14.  Deed  from  the  Nahant  Land  Co.,  dated  November  8, 1899,  con- 
veying 114,705  square  feet.    Entered  in  libro  1646,  page  411,  same 
records. 

15.  Deed  from  the  Nahant  Land  Co.,  dated  November  9,  1899, 
conveying  19,500  square  feet.    Entered  in  libro  1646,  page  401,  same 
records. 

16.  Deed  from  James  Morgan,  dated  November  27,  1899,  convey- 
ing 3,750  square  feet.    Entered  in  libro  1629,  page  346,  same  records. 

17.  Deed  from  James  S.  Newhall,  dated  January  11,  1900,  convey- 
ing two  tracts  therein  described.    Entered  in  libro  1629,  page  329, 
same  records. 

18.  Deed  from  Homer  H.  Colby,  dated  January  30,  1900,  convey- 
ing two  tracts  therein  described.    Entered  in  libro  1629,  page  326, 
same  records. 

19.  Deed  from  John  A.  Eichardson  et  al.,  dated  January  30,  1900, 
conveying  a  tract  therein  described.    Entered  in  libro  1629,  page  328, 
same  records. 

20.  Deed  from  Euphemia  Tudor,  dated  April  1,  1900,  conveying 
a  tract  therein  described.     Entered  in  libro  1630,  page  255,  same 
records. 

21.  Deed  from  John  Long  and  wife,  dated  April  28,  1900,  convey- 
ing 3,728.5  square  feet.    Entered  in  libro  1629,  page  331,  same 
records. 

22.  Deed  from  Mary  Ann  Eooney  et  al.,  dated  May  10,  1900,  con- 
veying a  tract  therein  described.    Entered  in  libro  1652,  page  466, 
same  records. 

23.  Deed  from  Joseph  T.  Wilson,  guardian,  etc.,  dated  May  10, 
1900,  conveying  a  tract  therein  described.     Entered  in  libro  1652, 
page  406,  same  records. 

24.  Quitclaim  deed  from  Mary  Ellen  Rooney,  dated  May  10,  1900, 
conveying  a  tract  of  land  therein  described.    Entered  in  libro  1652, 
page  405,  same  records. 

25.  Deed  from  Minnie  Warner,  dated  July  7,  1900,  conveying  a 
tract  therein  described.    Entered  in  libro  1646,  page  399,  same  rec- 
ords. 

26.  Deed  from  Warren  P.  Dudley,  dated  July  10,  1900,  conveying 
three  lots,  aggregating  13,769  square  feet.     Entered  in  libro  1629, 
page  330,  same  records. 

27.  Deed  from  Mary  L.  Hammatt,  dated  July  13,  1900,  conveying 
11,258  square  feet.    Entered  in  libro  1629,  page  334,  same  records. 

28.  Deed  from  Melvin  A.  Atkins,  dated  July  13,  1900,  conveying 
4,652.5  square  feet.    Entered  in  libro  1629,  page  342,  same  records. 

29.  Deed  from  Leroy  S.  Smith,  dated  July  13,  1900,  conveying 
3,750  square  feet.    Entered  in  libro  1629,  page  344,  same  records. 

30.  Deed  from  Elias  W.  Bourne,  dated  July  17,  1900,  conveying 
3,530.2  square  feet.    Entered  in  libro  1629,  page  345,  same  records. 

31.  Deed  from  Nathan  H.  Eeed,  dated  July  20,  1900,  conveying 
3,999  square  feet.    Entered  in  libro  1629,  page  335,  same  records. 

32.  Deed  from  George  O.  Proctor,  dated  July  25,  1900,  conveying 
3,750  square  feet.    Entered  in  libro  1629,  page  336,  same  records. 

12925°— 16 18 


192  UNITED   STATES    MII.ITAKY    RESERVATIONS,   KTC. 

33.  Deed  from  George  O.  Proctor,  dated  July  25,  1900,  conveying 
3,749.3  square  feet.    Entered  in  lil>n>  lO-Ji),  p:ige  339,  same  records. 

34.  Quitclaim  deed  from  Charles  F.  Johnson,  dated  July  25,  1900, 
conveying  a  tract  therein  described.    Entered  in  libro  1629,  page  349, 
same  records. 

35.  Deed  from  Frank  E.  Bruce,  dated  July  27,  1900,  conveying 
3,728.5  square  feet.    Entered  in  libro  1629,  page  333,  same  records. 

36.  Deed  from  Edward  C.  Johnson,  dated  July  30,  1900,  conveying 
31,777  square  feet.    Entered  in  libro  1634,  page  135,  same  records. 

37.  Deed  from  Charles  F.  Johnson,  dated  July  30,  1900,  conveying 
87,347.4  square  feet.    Entered  in  libro  1646,  page  434,  same  record-. 

38.  Deed  from  George  W.  Davis  and  wife,  dated  July  31,  1900, 
conveying  3,113.07  square  feet.    Entered  in  libro  1629,  page  341,  same 
records. 

39.  Deed  from  Gilbert  A.  Tapley,  dated  August  10,  1900,  con- 
veying 23,344  square  feet.     Entered  in  libro  1646,  page  403,  same 
records. 

40.  Deed  from  Eliza  Bates,  dated  August  10,  1900,  conveying  3,750 
square  feet.    Entered  in  libro  1634,  page  141,  same  records. 

41.  Deed  from  Jacob  M.  Ellis  and  wife,  dated  August  10,  1900, 
conveying  two  tracts  aggregating  8,636.7  square  feet.     Entered  in 
libro  1634,  page  140,  same  records. 

42.  Deed  from  William  F.  Bates,  dated  August  10,  1900,  con- 
veying 3,582  square  feet.     Entered  in  libro  1634,  page  132,  same 
records. 

43.  Deed  from  Almira  C.  Johnson,  dated  August  17,  1900,  con- 
veying 87,347.4  square  feet.    Entered  in  libro  1646,  page  436,  same 
records. 

44.  Deed  from  Mary  Kennedy,  dated  August  22,  1900,  conveying 
5,872  square  feet.    Entered  in  libro  1646,  page  437,  same  records. 

45.  Deed  from  Edward  Follen  and  wife,  dated  September  1,  1900, 
conveying  17,800  square  feet.    Entered  in  libro  1646,  page  405,  same 
records. 

46.  Deed  from  Edward  Follen  and  wife,  dated  September  1,  1900, 
conveying  a  tract  therein  described.     Entered  in  libro  1646,  page 
438,  same  records. 

47.  Deed  from  Peter  Sullivan,  dated  October  1,  1900,  conveying  a 
tract  therein   described.     Entered   in   libro   1646,   page   406,   same 
records. 

48.  Deed  from  Peter  Lane,  dated  October  1, 1900,  conveying  a  tract 
therein  described.    Entered  in  libro  1646,  page  407,  same  records. 

49.  Deed  from  Patrick  J.  O'Connor,  dated  November  1,  1900,  con- 
veying 32,037  square  feet.     Entered  in  libro  1646,  page  440,  same 
records. 

50.  Deed  from  Almira  C.  Johnson,  dated  November  23,  1900,  con- 
veying 22,383.9  square  feet.    Entered  in  libro  1646,  page  413,  same 
records. 

51.  Deed  from  Francis  H.  Johnson,  dated  December  1,  1900,  con- 
veying 9,198  square  feet.     Entered  in  libro  1652,  page  408,  same 
records. 

52.  Deed  from  Francis  H.  Johnson,  dated  December  1,  1900,  con- 
ve}dng  6,723  square  feet.     Entered  in  libro  1652,  page  410,  same 
records. 


-  -  •          — -  -    - 

-     :  -.  :  .         -  . 


Deed  from  Francs  BL  Johnon.  dated  December  L 
3&J36  sovare  feet.    Entered  in  libro  1€9&  page  4U, 


Dfctd  feom  Charles  F.  Johnson,  dated 

3>  square  fret    Entered  i»  libro  1«4C, 


:v-\   r-el  ->:-:.  ?,-:  I.;-     i  A  :,••.:  TV:,       ,v  .1 


S7.  Deed  fern  Arthur  A. 

>  sqicu^  feiet.    Extend  m  Hbco 


deed  £ra»  Marr  K  Joim^au  dbfeed 

tncts  ifeerebi  deacdbcd.    Entered  in  libro 

r  - .j---  ^-"  ".  sa-.-f;  :-:•;•:-:-. 


v~ ••V-"j::^~;:"y"v; :?:"""'  :"V^^;-V  v.V.  ^  :-:— -; r 

»  -,  -  J J     fLL_f        .      \f       _  _    T        Tr*       '     T_  J-.t- J      A,      A     A      t<M\t 

:•       *^--  -•-  -      •      — ^  --'.-      -    _     -  -    r.    -    . -. 


STSfi 

tt.  Deed  from  Joseph  T.  Wilson,,  administrator,  etcu  dated 
90, 1901,  coming  an  ndmded  fifth  part  of  a  tract 4l 


62.  Decree  of  umili  •••iliim  in  d»  United  States  district 
lor  the  district  of  Massactasetis,  dated  Fdbnarr  ^  19O4, 
die  entire  tract  of  aboift  ^  aere&    EMmd  in  fibfo 

^::  _.".-:     "  :•:•:  1"    .^. 

63L  Sappltemental  decree  of  United  States  district  cant,  entered 
June  IS,  190Tr  awarding  die  town  of  Xahant  $I^JL50  on  account  of 
water-supplr  and  sewer  srstaBS  on  said 


By  ^othorkr  of  act  of  Congress  appcored  Much 

-^aretarv  of  War.  DT  deed  dated  May  S>  1^11,  con^Tedto 
m4  and  Ljin  Street  Baihrar  OOL  a  strip  of  fend  1£  feet  mid* 

"      ..::-'.-•;;.-   i:..i  -^Ccr'.     s:  l;<  :•: 


0163  acres,  more  or  kg&  subject  to  the  proviso  -that  when  it  skafl 
to  be  used  for  dub  purpose,  it  shall  revert  to  tte  United 


.— March  T?  1912,  for  fi¥e  ywrs  from  Jjnril  1?  1912,  to  Sylves- 
ter Br;-.vr..  ::  OM  prauac  kwra  K  OM  "Tri-M :-.-:.v.v.  H0«9a> 

J^MMUtimii^--Janel^l9C^,to&ftI^ 
for  aerial  electric  lines  alon^  Bass  Point  Road  within 

JmsJi€*i^— Ceded  bv  an  act  of  die  State 
May  (6L190a.  which  provides  as  follows: 

«T  tt» 

>T:.":>     T   .'--"    -  "  .".\  T"  A  ;•:".:  '."•-".    ry  V--^--"-"-^    '"     ""    -'-""   "-"    "     :::v     ,\   :~"  .~.    :~     \~: 
ta  tfce  t»wm  of  JBrtMt  <^t»hiiBg  «Jto<rt  forty^S^  acres.  t»  te  aec 

::  IMs  Kt  m*iel  iMd  la  H  IM 


>         •-.-  -v-  :s  :,-;r-;.\.     ---:-- 


194  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

concurrent  jurisdiction  with  the  United  States  in  and  over  the  area  so  acquired, 
so  far  that  all  civil  and  criminal  processes  issuing  under  the  authority  of  the 
Commonwealth  may  be  executed  on  said  land  and  in  any  buildings  thereon  or 
which  may  be  erected  thereon,  in  the  same  manner  as  if  jurisdiction  had  not 
been  granted  as  aforesaid;  and  provided,  also,  that  the  exclusive  jurisdiction 
shall  revert  to  and  revest  in  the  Commonwealth  whenever  the  said  land  shall 
cease  to  be  used  for  the  purposes  of  national  defence. 

SEC.  3.  The  United  States  government  is  hereby  authorized,  upon  such  terms 
and  conditions  as  shall  be  presecribed  by  the  harbor  and  land  commissioners,  to 
occupy  and  fill  such  flats  belonging  to  the  Commonwealth,  and  to  place  such 
structures  in  or  over  the  tide  water  adjacent  to  the  area  hereby  authorized  to 
be  acquired,  as  may  be  necessary  for  the  purposes  for  which  said  area  is  to 
be  used. 

SEC.  4.  This  act  shall  be  void  unless  a  suitable  plan  or  suitable  plans  of  the 
premises  acquired  by  the  United  States  under  the  provisions  of  this  act  shall 
be  deposited  in  the  office  of  the  secretary  of  the  Commonwealth  within  six 
months  after  the  date  of  the  acquisition  thereof. 

Conditions  of  section  4  of  above  act  were  duly  complied  with. 

OUTER  BREWSTER. 

This  reservation  is  situated  in  Boston  Harbor  about  1J  miles  from 
Boston  Light,  in  Plymouth  County,  and  comprises  the  entire  island 
known  as  "  Outer  Brewster,"  containing  about  12  acres. 

Title. — Deed  from  Benjamin  Dean  dated  June  12,  1913,  conveying 
the  said  island.  Recorded  in  book  1162,  pages  363  and  364,  of  the 
deed  records  of  Plymouth  County. 

Jurisdiction. — Ceded  by  act  approved  June  13,  1913  (Chap.  793, 
acts  of  1913),  which  gives  the  consent  of  the  Commonwealth  of 
Massachusetts  to  the  purchase  of  said  island  for  purposes  of  national 
defense,  and  provides  as  follows: 

Jurisdiction  over  the  said  island  is  hereby  granted  and  ceded  to  the  United 
States:  Provided,  and  the  cession  and  consent  aforesaid  are  granted  upon  the 
express  condition,  that  the  Commonwealth  shall  retain  concurrent  jurisdiction 
with  the  United  States  in  and  over  the  island  in  so  far  that  all  civil  processes, 
and  such  criminal  processes  a«  may  issue  under  authority  of  the  Commonwealth 
against  any  person  or  persons  charged  with  crimes  committed  without  the  said 
island,  may  be  executed  therein  in  the  same  manner  as  though  this  cession  had 
not  been  made. 

A  suitable  plan  showing  Outer  Brewster  Island  and  surrounding 
islands  was  filed  in  the  office  of  the  secretary  of  the  Commonwealth 
on  September  2,  1913,  in  compliance  with  the  requirement  of  section 
three  of  said  act,  and  has  been  catalogued  and  filed  in  the  maps  and 
plans  collection  in  the  archives  division  of  said  office. 

FORT  PI1CENIX. 

This  reservation  is  situated  upon  the  left  bank  of  the  entrance  to 
New  Bedford  Harbor,  in  Bristol  County,  and  contains  an  area  of 
2J  acres. 

Title.— Deed  from  Killey  Eldridge  dated  September  28,  1808,  con- 
veying 2J  acres  with  driftway  privilege.  Recorded  in  S.  general, 
page  274,  etc.,  of  the  deed  records  of  Bristol  County. 

FORT  PICKERING. 

This  reservation  is  situated  at  Salem,  in  Essex  County,  and  contains 
an  area  of  about  32  acres.  It  includes  a  tract  on  Hospital  Point  and 
also  a  portion  of  Winter  Island,  in  the  harbor. 


MASSACHUSETTS.  195 

Title. — 1.  Deed  from  the  inhabitants  of  Salem,  dated  September  1, 
1794,  conveying  2  acres  and  1  rood  with  right  of  way.  Recorded  in 
book  158,  leaf  190,  of  the  deed  records  of  Essex  County. 

2.  Deed  from  the  city  of  Salem,  dated  June  24,  1865,  conveying  a 
portion  of  Winter  Island.  Recorded  in  book  678,  leaf  291,  of  same 
records. 

Revocable  licenses. — July  12,  1870,  to  the  trustees  of  the  Plumer' 
Farm  School  for  Boys  to  occupy  reservation  and  buildings  thereon. 

January  7,  1871,  to  the  Treasury  Department  to  place  a  beacon 
light  and  small  cottage  on  the  reservation. 

September  19,  1879,  to  the  Treasury  Department  to  occupy  a  por- 
tion of  the  reservation  for  lighthouse  purposes. 

Jurisdiction. — Ceded  to  the  United  States  by  an  act  of  the  State 
legislature  approved  March  28,  1865,  which  provides  as  follows: 

SECTION  1.  Jurisdiction  is  hereby  granted  and  ceded  to  the  United  States  of 
America,  over  all  that  portion  of  Winter  Island  in  Salem  Harbor,  lying  above 
low-water  mark,  which  may  at  any  time  have  been  acquired  by  the  United 
States  by  deed  from  the  municipal  authorities  of  Salem  for  military  purposes, 
including  the  present  Fort  Pickering  and  buildings  connected  therewith:  pro- 
vided, that  a  general  plan  of  said  premises  shall  be  filed  with  the  secretary  of 
this  Commonwealth  within  one  year  after  the  passage  of  this  act ;  and  provided 
also,  that  this  Commonwealth  shall  retain  concurrent  jurisdiction  with  the 
United  States,  in  and  over  all  the  lands  aforesaid,  so  far  that  all  civil  and 
criminal  processes  issuing  under  the  authority  of  this  Commonwealth,  may  be 
executed  on  said  lands,  and  in  any  buildings  thereon  or  to  be  erected  thereon,  in 
the  same  way  and  manner  as  if  jurisdiction  had  not  been  granted  as  aforesaid. 

FORT  REVERE. 

This  reservation  is  situated  at  Nantasket  Head,  in  the  town  of  Hull, 
and  contains  an  area  of  77.505  acres,  with  metes  and  bounds  as  de- 
scribed in  G.  O.  69,  W.  D.,  May  6,  1905.  It  also  comprises  a  parcel 
12  feet  square,  acquired  from  the  town  of  Hull  in  1906  (see  No.  13, 
infra.). 

Title. — 1.  Deed  from  Eliza  J.  H.  Andrew,  dated  September  21, 
1897,  conveying  1,524,600  square  feet  of  land.  Recorded  in  book  765, 
page  1,  etc.,  of  the  records  of  Plymouth  County. 

2.  Deed  from  John  J.  Eaton  and  wife,  dated  April  29,  1898,  con- 
veying 16,711  square  feet  of  land.    Recorded  in  book  758,  page  108,  of 
same  records. 

3.  Deed  from  Fitz  Henry  Smith  and  wife,  dated  April  29,  1898, 
conveying  16,711  square  feet.     Recorded  in  book  758,  page  109,  of 
same  records. 

4.  Deed  from  Martin  L.  Cate  and  wife,  dated  June  18,  1898,  con- 
veying 13,318  square  feet.    Recorded  in  book  820,  page  103,  of  same 
records.    The  above  tract  was  acquired  by  condemnation  proceedings 
in  the  United  States  district  court  of  Massachusetts.    Decree  rendered 
April  29,  1901. 

5.  Deed  from  Albert  L.  Knight  et  al.,  dated  June  28,  1898,  con- 
veying 103,716  square  feet  of  land.    Recorded  in  book  805,  page  60, 
etc.,  of  same  records. 

6.  Deed  from  Floretta  Vining,  dated  June  30,  1898,  conveying 
100,000  square  feet  of  land.    Recorded  in  book  775,  page  492-3,  of 
same  records. 

7.  Deed  from  Louis  Prang,  dated  October  15,  1898,  conveying 
13,295  square  feet  of  land.    Recorded  in  book  820,  page  104,  of  same 
records. 


196  UNITED   STATES    MILITAEY   RESERVATIONS,  ETC. 

8.  Deed  from  Lewis  P.  Loring  et  al.,  dated  March  13,  1899,  con- 
veying certain  land  therein  described.     Recorded  in  book  776,  page 
262,  of  same  records. 

9.  Deed  from  the  Battery  Heights  Land  Co.,  dated  April  29,  1899, 
conveying  347,748  square  feet  of  land.    Recorded  in  book  765,  page  6, 
etc.,  of  same  records. 

10.  Deed  from  Arthur  Foote  and  wife,  dated  July  14,  1899,  con- 
veying 11,688  square  feet  of  land.    Recorded  in  book  790,  page  447, 
of  same  records. 

11.  Right  to  enter  "  Battery  Heights  Sewer "  acquired  by  deed 
from  selectmen  of  the  town  of  Hull,  dated  November  20,  1902. 

12.  Right  to  lay  and  maintain  underground  cable  across  land  of 
grantors  and  Telegraph  Avenue,  conveyed  by  deed  of  Rosa  P.  Heiri- 
zen  and  husband,  dated  September  5,  1906.    Recorded  in  book  959, 
page  164  et  seq.,  of  same  records. 

13.  Deed  from  town  of  Hull,  county  of  Plymouth,  dated  Novem- 
ber 30,  1906,  conveying  a  parcel  of  land  12  feet  square,  on  and  back 
of  the  sea  wall  between  Spring  Street  and  Hull  Bay,  southerly  of  the 
reservation.    Recorded  in  book  967,  page  310  et  seq.,  of  same  records. 
(Consent  to  purchase  and  jurisdiction  over  this  parcel  granted  and 
ceded  by  act  approved  June  21,  1906,  chap.  511,  acts  of  1906.) 

Easements. — The  reservation  was  acquired  subject  to  an  easement 
in  the  New  York,  New  Haven  &  Hartford  Railroad  Co.  for  a  rail- 
way across  the  reservation,  and  subject  to  an  easement  in  the  county 
commissioners  of  Plymouth  County  for  a  road  crossing  the  reserva- 
tion. Public  easement  in  this  road  was  extinguished  by  decree  of 
United  States  district  court  of  May  28,  1900. 

Revocable  licenses. — Ma^  14, 1904,  to  the  Boston  Chamber  of  Com- 
merce to  maintain  a  marine  reporting  station  on  Nantasket  Hill. 
Amended  by  letter  of  Acting  Secretary  of  War  of  October  28,  1904. 

July  11,  1907,  to  New  England  Telephone  &  Telegraph  Co.  for 
telephone  and  telegraph  line  on  the  reservation. 

December  18,  1909,  to  the  Weather  Bureau,  Department  of  Agri- 
culture, to  lay  electric  cables  across  the  reservation. 

Jurisdiction. — Ceded  by  an  act  of  the  State  legislature,  approved 
June  8,  1898,  which  provides  as  follows : 

SECTION  1.  Be  it  enacted,  etc.,  The  consent  of  the  Commonwealth  of  Massa- 
chusetts is  hereby  granted  to  the  United  States  of  America  to  purchase  two  tracts 
of  land  in  the  town  of  Hull,  covering  parts  of  the  heights  known  as  Telegraph 
or  Nantasket  Hill,  and  Gushing  Hill,  the  same  to  be  used  for  national  defense. 

SEC.  2.  Jurisdiction  over  the  area  so  purchased  is  hereby  granted  and  ceded 
to  the  United  States:  Provided  (and  the  cession  and  consent  aforesaid  are 
granted  upon  the  express  condition),  that  the  Commonwealth  shall  retain  a 
concurrent  jurisdiction  with  the  United  States  in  and  over  the  land  so  purchased, 
so  far  as  that  all  civil  processes  and  such  criminal  processes  as  may  issue  under 
the  authority  of  the  Commonwealth  against  any  person  or  persons  charged  with 
crimes  committed  without  the  said  tracts  of  land  may  be  executed  therein  in 
the  same  manner  as  though  this  cession  had  not  been  granted. 

SEC.  3.  The  United  States  government  is  hereby  authorized,  upon  such  terms 
and  conditions  as  shall  be  prescribed  by  the  harbor  and  land  commissioners,  to 
occupy  and  fill  such  flats  belonging  to  the  Commonwealth,  and  to  place  such 
structures  in  or  over  the  tidewater  adjacent  to  the  area  herein  authorized  to  be 
purchased  as  may  be  necessary  for  the  purposes  for  which  said  area  is  to  be 
used. 

SEC.  4.  This  act  shall  be  void  unless  a  suitable  plan  or  plans  of  the  premises 
purchased  by  the  United  States  under  the  provisions  of  this  act  shall  be  de- 
posited in  the  office  of  the  secretary  of  the  Commonwealth  within  one  year 
from  the  passage  of  this  act. 


MASSACHUSETTS.  197 

There  being  a  question  as  to  whether  this  act  covered  the  entire 
reservation,  its  provisions  were  extended  by  act  of  the  General  Court, 
approved  May  25,  1905  (chapter  455,  acts  and  resolves  of  1905), 
providing  as  follows: 

SECTION  1.  The  provisions  of  chapter  five  hundred  and  twelve  of  the  acts 
of  the  year  eighteen  hundred  and  ninety-eight,  entitled  "An  act  to  approve  the 
purchase  by  the  United  States  of  two  tracts  of  land  in  the  town  of  Hull,  arid  to 
cede  jurisdiction  over  the  same  to  the  national  government,"  are  hereby  Ex- 
tended to  include  all  those  lands  heretofore  acquired  by  the  United  States  and 
now  constituting  the  military  reservation  of  Fort  Revere,  Massachusetts,  aggre- 
gating, with  beach  and  flats  to  low  water  mark,  about  seventy-seven  and  one- 
half  acres — the  same  being  shown  on  a  map  or  survey  of  said  reservation  in 
June,  nineteen  hundred  and  four,  by  first  lieutenant  G.  R.  Lukesh,  Corps  of 
Engineers,  United  States  Army,  under  the  direction  of  Lieutenant  Colonel 
W.  S.  Stanton,  Corps  of  Engineers,  United  States  Army. 

FORT  RODMAN. 

This  reservation  is  situated  near  New  Bedford,  in  Bristol  County, 
and  contains  about  69  acres. 

Title. — 1.  Deed  from  Francis  Allen,  dated  June  2, 1800,  conveying 
141  rods  of  upland  (lighthouse  site).  Recorded  in  book  79,  north 
district,  land  records  of  Bristol  County,  page  132,  etc. 

2.  Deed  from  Butler  H.  Bixby,  dated  September  24,  1857,  convey- 
ing 60  acres  of  land  by  metes  and  bounds,  exclusive  of  the  light- 
house tract  and  certain  roads  included  therein.    Recorded  in  book  34, 
page  431,  etc.,  of  same  records. 

3.  Deed  of  release  from  E.  W.  Rowland,  dated  June  10,  1859,  con- 
veying all  interest  in  all  the  roads  at  Clark's  Point  subject  to  the 
conditions  of  an  agreement  between  the  special  board  of  engineers 
and  the  city  of  New  Bedford.    Recorded  in  liber  40,  folio  232,  etc., 
of  same  records. 

4.  Ordinance  of  city  of  New  Bedford  authorizing  mayor  and  others 
to  bind  the  city  in  the  matter  of  an  agreement  with  the  United  States 
in  regard  to  roads.    Dated  March  31, 1859.    In  office  of  city  clerk. 

Revocable  license. — May  31,  1911,  to  the  city  of  New  Bedford  to 
construct  and  maintain  a  sewer  across  the  reservation,  said  license 
being  granted  subject  to  confirmation  by  Congress.  Consent  granted 
by  Congress  by  act  approved  August  9, 1912  (37  Stat,  267). 

Jurisdiction. — Ceded  to  the  United  States  by  the  acts  of  the  State 
legislature,  approved  April  8,  1856,  and  May  4,  1857,  which  provide 
as  follows : 

SECTION  1.  Jurisdiction  is  hereby  ceded  to  the  United  States  over  Egg  Island 
Shoal,  in  the  harbor  of  New  Bedford,  to  include  all  of  said  shoal  above  or  within 
low-water  mark,  and  so  much  thereof,  without  low-water  mark,  as  shall  be 
bounded  by  lines  drawn  four  hundred  yards  distant  from,  and  parallel  to,  the 
faces  of  any  fort  to  be  built  thereon.  Jurisdiction  is  also  ceded  to  the  United 
States  over  any  tract  or  tracts  of  land  on  Clark's  Point,  in  the  city  of  New  Bed- 
ford, that  may  be  acquired  by  the  United  States  for  the  purpose  of  building  and 
maintaining  thereon  forts,  magazines,  arsenals,  dockyards,  wharves,  and  other 
structures,  with  their  appendages ;  and  over  all  the  contiguous  shores,  flats,  and 
waters,  within  four  hundred  yards  from  low-water  mark;  and  all  right,  title,  and 
claim,  which  this  Commonwealth  may  have  to  or  in  the  premises  aforesaid,  is 
hereby  granted  to  the  United  States;  Provided,  that  this  Commonwealth  shall 
retain  a  concurrent  jurisdiction  with  the  United  States  in  and  over  all  the 
premises  aforesaid,  so  far  as  that  all  civil  processes  and  such  criminal  processes 
as  may  issue  under  the  authority  of  this  Commonwealth,  against  any  person  or 
persons  charged  with  crimes  committed  without  the  premises  aforesaid,  may  be 


198  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

executed  therein  in  the  same  way  and  manner  as  if  jurisdiction  had  not  been 
ceded  as  aforesaid. 

SEC.  2.  The  premises  over  which  jurisdiction  is  granted  by  this  act,  and  all 
structures  and  other  property  thereon,  shall  be  exonerated  and  discharged  from 
all  taxes  and  assessments  which  may  be  laid  or  imposed  under  the  authority  of 
this  Commonwealth  while  said  premises  shall  remain  the  property  of  the  United 
States,  and  shall  be  used  for  the  purposes  intended  by  this  act.  (Approved, 
Apr.  8,  1856.) 

Be  it  enacted,  etc.,  The  consent  of  this  Commonwealth  is  hereby  granted  to  the 
United  States  taking  possession  of  such  and  so  much  land  on  Clark's  Point,  in 
the  City  of  New  Bedford,  as  the  United  States  shall  deem  needful  for  the  purpose 
of  military  defense,  upon  just  and  full  compensation  being  provided  for  the 
owners  thereof  or  of  any  easement  in  or  over  the  same,  in  the  manner  prescribed 
by  law  for  damages  sustained  by  individuals  whose  lands  are  taken  for  public 
highways  in  this  Commonwealth ;  but  the  consent  so  given  shall  not  impede  the 
execution  of  any  process,  civil  or  criminal,  issued  under  the  authority  of  this 
Commonwealth,  except  so  far  as  such  process  may  affect  the  real  or  personal 
property  of  the  United  States  within  the  said  territory.  (Approved,  May 
4,  1857.) 

SALISBURY  BEACH. 

This  reservation  is  situated  at  the  town  of  Salisbury  in  Essex 
County  and  contains  about  2  acres. 

Title. — 1.  Deed  from  the  commoners  of  Salisbury,  dated  August  9, 
1808,  conveying  1  acre  of  beach  or  upland  and  all  the  rocks  and  flats 
included  within  described  bounds.  Recorded  in  book  185,  leaf  210,  of 
the  deed  records  of  Essex  County. 

2.  Deed  from  the  commoners  of  Salisbury,  dated  June  4,  1835,  con- 
veying 1  acre  including  all  of  Badger's  Rocks.  Recorded  in  book  285, 
leaf  51,  of  same  records. 

FORT  SEW  ALL. 

This  reservation  is  situated  at  the  west  entrance  to  Marblehead 
Harbor,  and  contains  2.5  acres.  It  occupies  the  site  of  an  old  earth- 
work. The  land  was  acquired  by  virtue  of  an  act  of  Congress  ap- 
proved March  20, 1794  (1  Stat,  345). 

Title.— 1.  Deed  from  Russell  Trevett,  dated  August  30,  1794,  con- 
veying a  tract  of  land  as  a  part  of  Gale's  Head,  excepting  the  ground 
whereon  the  fort  was  anciently  built,  with  right  of  way,  etc.  Re- 
corded in  book  158,  leaf  197,  of  the  deed  records  of  Essex  County. 

2.  Deed  from  the  inhabitants  of  the  town  of  Marblehead,  dated 
August  30, 1794,  conveying  part  of  Gale's  Head  anciently  reserved  to 
said  inhabitants  and  hitherto  occupied  as  a  fort,  with  right  of  way, 
etc.  Recorded  in  book  158,  leaf  197,  of  same  records. 

Easement. — By  act  of  Congress  approved  May  19,  1890  (26  Stat.. 
673),  permission  was  granted  to  the  town  of  Marblehead  to  improve 
and  use  this  reservation  as  a  public  park,  the  title  thereto  and  con- 
trol of  the  same,  however,  to  remain  in  the  United  States. 

SPRINGFIELD  ARMORY. 

This  reservation  is  situated  at  Springfield,  in  Hampden  County, 
and  contains  about  306  acres. 

Title. — 1.  Deed  from  Nathaniel  Patton  and  wife,  dated  June  22, 
1795,  conveying  1  acre  and  2  roods  of  land,  with  privilege  of  erecting 
a  dam,  etc.  Recorded  in  office  of  the  registry  of  deeds  for  Hampshire 
County,  June  23,  1795. 


MASSACHUSETTS.  199 

2.  Deed  from  John  Ashley  and  wife,  dated  September  19,  1798, 
conveying  1  acre  and  136  rods  of  land,  with  the  privilege  of  erecting  a 
dam,  etc.    Recorded  September  19, 1798,  in  same  records. 

3.  Deed  from  the  inhabitants  of  the  town  of  Springfield,  dated 
August  24,  1801,  conveying  30  acres  2  roods  and  14  rods.    Recorded 
in  liber  40,  folio  216,  of  same  records. 

4.  Deed  from  Jonathan  Dwight  et  al.,  dated  October  16,  1807,  con- 
veying 139  perches  of  land.    Recorded  in  liber  47,  folio  546,  of~same 
records. 

5.  Deed  from  the  town  of  Springfield,  dated  September  2,  1808, 
conveying  127  rods  of  land.    Recorded  in  liber  49,  folio  310,  of  same 
records. 

6.  Deed  from  James  Byers,  dated  January  9,  1809,  conveying  lot 
in  Springfield;  area  not  given.    Recorded  in  liber  47,  folio  618,  of 
same  records. 

7.  Deed  from  John  Ashley,  dated  January  10,  1809,  conveying  117 
rods  of  land.    Recorded  in  liber  49,  pages  72,  etc.,  of  same  records. 

8.  Deed  from  Geralds  Warner,  dated  March  2,  1809,  conveying  7 
acres  and  95  rods.    Recorded  in  liber  50,  folio  156,  of  same  records. 

9.  Deed  from  Daniel  Ashle}^  and  wife,  dated  April  17,  1809,  con- 
veying 15  acres.    Recorded  in  liber  50,  folio  297,  of  same  records. 

10.  Deed  from  Jonathan  Dwight,  jr.,  dated  June  10,  1809,  con- 
veying 5  acres.    Recorded  in  liber  50,  folio  380,  of  same  records. 

11.  Deed  from  Jacob  Bliss,  dated  December  13,  1809,  conveying  60 
rods  of  land.    Recorded  in  liber  47,  folio  686,  of  same  records. 

12.  Deed  from  William  Carlisle,  dated  January  26,  1811,  convey- 
ing 6  acres  and  79  rods  of  land.    Recorded  in  liber  51,  folio  595,  of 
same  records. 

13.  Deed  from  trustees  of  the  school  funds  in  town  of  Spring- 
field, dated  May  9,  1812,  conveying  16  acres  2  roods  and  30  rods  of 
land.    Recorded  in  liber  49,  folio  640,  etc.,  of  same  records. 

14.  Deed  from  James  Byers  and  wife,  dated  May  13,  1812,  con- 
veying 72  rods  of  land.     Recorded  in  liber  53,  folio  619,  of  same 
records. 

15.  Deed  from  James  Carew  and  wife,  dated  May  13,  1812,  con- 
veying a  lot  in  Springfield.    Recorded  in  liber  53,  folio  617,  of  same 
records. 

16.  Deed  from  Calvin  Barret  and  wife,  dated  May  13,  1812,  con- 
veying a  lot  in  Springfield.    Recorded  in  liber  53,  folio  618,  of  same 
records. 

17.  Deed  from  Obed  Wright  and  wife,  dated  May  14,  1812,  con- 
veying 17  rods  of  land.     Recorded  in  liber  53,  folio  620,  of  same 


'  ~J  ""to 

records. 


18.  Deed  from  Josiah  Comstock  and  wife,  dated  May  16, 1812,  con- 
veying 36  rods,  etc.,  of  land.    Recorded  in  liber  53,  folio  621,  of  same 
records. 

19.  Deed  from  William  Wood,  jr.,  and  wife,  dated  May  26,  1812, 
conveying  a  lot  in  Springfield.    Recorded  in  liber  53,  folio  622,  of 
same  records. 

20.  Deed  from  E.  Cooley  and  wife,  dated  May  28,  1812,  conveying 
a  lot  in  Springfield.    Recorded  in  liber  53,  folio  623,  of  same  records. 

21.  Deed  from  Lemuel  Wheeler,  dated  June  4,  1812,  conveying  0.50 
acre.    Recorded  in  liber  53,  folio  642,  of  same  records. 


200  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

22.  Deed  from  George  Blake  and  wife,  dated  June  5,  1817,  con- 
veying 8  acres  and  3  roods.    Recorded  in  liber  62,  folio  252,  of  same 
records. 

23.  Deed  from  the  trustees  of  the  school  funds,  etc.,  dated  Sep- 
tember 30,  1817,  conveying  two  tracts  in  Springfield.     Recorded  in 
liber  61,  folio  210,  of  same  records. 

24.  Deed  from  John  Ashley,  dated  May  27,  1819,  conveying  80 
square  rods  and  rights  in  bed  of  river.    Recorded  in  liber  64,  folio 
311,  of  same  records. 

25.  Deed  from  Samuel  Warner  and  wife  et  al.,  dated  August  8, 
1822,  conveying  5  acres  and  95  rods.    Recorded  in  the  office  of  the 
registry  of  deeds  in  Hampden  County,  September  21,  1822. 

26.  Deed  from  Wiiliam  Carlisle,  dated  June  24,  1824,  conveying 
2  acres  1  rood  and  87  rods.    Recorded  in  liber  71,  folio  549,  of  same 
records. 

27.  Deed  from  Thaddeus  Ferro,  dated  June  24,  1824,  containing  2 
acres  and  69  rods  of  land.    Recorded  in  liber  71,  folio  548,  of  same 
records. 

28.  Deed  from  Lemuel  Charter,  dated  April  21,  1825,  conveying  2 
acres  and  92  rods.    Recorded  in  liber  74,  folio  633,  of  same  records. 

29.  Deed  from  Abiram  Morgan,  dated  December  20,  1827,  convey- 
ing a  spring  of  water,  etc.    Recorded  in  liber  77,  folio  724,  of  same 
records. 

30.  Deed  from  Jonathan  Dwight,  jr.,  and  wife,  dated  July  3,  1830. 
conveying  5.50  acres.    Recorded  in  liber  82,  folio  179,  of  same  records. 

31.  Deed  from  Homer  J.  Wood  and  wife,  dated  February  22,  1845, 
conveying  a  lot  in  Springfield.    Recorded  in  liber  128,  folio  74,  of 
same  records. 

32.  Deed  from  Walter  H.  Bowdoin  and  wife,  dated  May  24,  1845, 
conveying  a  lot  in  Springfield.    Recorded  in  liber  127,  folio  311,  of 
same  records. 

33.  Deed  from  Samuel  Currier  and  wife,  dated  May  26,  1845,  con- 
veying 28  rods  of  land,  with  reservations,  etc.    Recorded  in  liber  128, 
folio  177,  of  same  records. 

34.  Deed  from  George  Bliss  and  wife,  dated  May  26,  1845,  con- 
veying a  lot  in  Springfield.     Recorded  in  liber  128,  folio  176,  of 
same  records. 

35.  Deed  from  Persis  Taylor,  dated  May  31,  1845,  conveying  6 
rods  of  land.    Recorded  in  liber  129,  folio  435,  of  same  records. 

36.  Deed  from  Benedick  Fenwick,  dated  October  15,  1845,  con- 
veying a  lot  in  Springfield.     Recorded  in  liber  130,  folio  447,  of 
same  records. 

37.  Deed  from  William  Sheldon,  dated  October  23,  1845,  convey- 
ing lots  in  Springfield.     Recorded  in  liber  131,  folio  118,  of  same 
records. 

38.  Deed  from  James  Brewer,  dated  July  15,  1845,  conveying  12 
acres  and  water  privileges.    Recorded  in  liber  133,  folio  126,  of  same 
records. 

39.  Deed  from  the  inhabitants  of  Springfield,  dated  October  12, 
1846,  conveying  by  way  of  exchange  of  certain  lands  by  authority 
of  an  act  of  Congress  approved  June  17,  1844  (5  Stat.^719).     Re- 
corded in  liber  132,  folio  336,  of  same  records. 

40.  Deed  from  James  M.  Crooks,  dated  October  2,  1846,  conveying 
lots  9  and  10;  also  a  strip  3  feet  wide  adjoining  the  same;  also  a  strip 


MASSACHUSETTS.  201 

3  feet  wide  on  Sumner  Street.    Recorded  in  liber  135,  folio  410,  of 
same  records. 

41.  Deed  from  James  M.  Crooks,  dated  October  2,  1846,  conveying 
by  release  all  interest  in  Sumner  Street.    Recorded  in  liber  132,  folio 
336,  of  same  records. 

42.  Deed  from  James  Brewer,  dated  October  19,  1846,  conveying 
by  way  of  release  all  interest  in  certain  roads.     Recorded  in^  liber 
133,  folio  212,  of  same  records. 

43.  Deed  from  James  Brewer,  dated  October  19,  1846,  conveying 
a  lot  in  Springfield.    Recorded  in  liber  136,  folio  150,  of  same  records. 

44.  Deed  from  Samuel  Dale  and  wife,  dated  November  16,  1846, 
conveying  a  lot  in  Springfield.    Recorded  in  liber  132,  folio  426,  of 
same  records. 

45.  Deed  from  Walter  H.  Bowdoin  and  wife,  dated  November  30, 

1846,  conveying  a  lot  in  Springfield.    Recorded  in  liber  132,  folio 
425,  of  same  records. 

46.  Deed  from  Walter  H.  Bowdoin  and  wife,  dated  December  18, 

1847,  conveying  120  square  rods  of  land  in  Springfield.    Recorded  in 
liber  139,  folio  483,  of  same  records. 

47.  Deed  from  Walter  H.  Bowdoin  and  wife,  dated  December  18, 

1847,  conveying  lots  6  and  7  of  Cottage  Homestead,  Springfield,  etc. 
Recorded  in  liber  140,  folio  234,  of  same  records. 

48.  Deed  from  Walter  H.  Bowdoin  and  wife  et  al.,  dated  December 
18,  1847,  conveying  lot  8  of  Cottage  Homestead,  in  Springfield.    Re- 
corded in  liber  140,  folio  235,  of  same  records. 

49.  Deed  from  George  T.  Bond,  dated  February  28, 1848,  conveying 
3  roods  of  land.    Recorded  in  liber  140,  folio  219,  of  same  records. 

50.  Deed  from  James  Indicott  and  wife  et  al.,  dated  March  31, 

1848,  conveying  lot  5  in  Cottage  Homestead,  addition  to  Springfield. 
Recorded  in  liber  141,  folio  220,  of  same  records. 

51.  Deed  from  Walter  H.  Bowdoin  and  wife,  dated  September  30, 
1848,  conveying  2  roods  of  land.    Recorded  in  liber  145,  folio  170,  of 
same  records. 

52.  Deed  from  Reuben  A.  Chapman  and  wife,  dated  September  22, 

1848,  conveying  by  release,  etc.,  a  lot  in  Springfield.    Recorded  in 
liber  133,  folio  215,  of  same  records. 

53.  Deed  from  John  Mills  and  wife,  dated  September  30,  1848, 
conveying  by  release,  etc.,  a  lot  in  Springfield.     Recorded  in  book 
142,  page  610,  of  same  records. 

54.  Deed  from  Jacob  Ladd  and  wife,  dated  January  13,  1849,  con- 
veying 10  acres  3  roods  and  35^  rods  of  land.    Recorded  in  book  146, 
page  286,  of  same  records. 

55.  Deed  from  Corbin  O.  Wood  and  wife  et  al.,  dated  February  1, 

1849,  conveying  18  acres  2  roods  and  51f  rods  of  land,  etc.    Recorded 
in  book  146,  page  290,  of  same  records. 

56.  Deed  from  Elisha  Benton  and  wife,  dated  February  1,  1849, 
conveying  7  acres  and  4  rods  of  land,  etc.     Recorded  in  book  146, 
page  285,  of  same  records. 

57.  Deed  from  Luman  Spencer  and  wife,  dated  February  1,  1849, 
conveying  a  tract  of  land  in  Springfield,  etc.    Recorded  in  book  146, 
page  289,  of  same  records. 

58.  Deed  from  Seth  Thayer  and  wife,  dated  February  1,  1849,  con- 
veying a  tract  in  Springfield.    Recorded  in  book  146,  page  284,  of 
same  records. 


202  UNITED   STATES   MILITABY   RESERVATIONS,  ETC. 

59.  Deed  from  Charles  P.  L.  Warner  and  wife,  dated  February  10, 
1849,  conveying  3  acres  2  roods  and  6  rods  of  land,  etc.    Recorded  in 
book  146,  page  288,  of  same  records. 

60.  Deed  from  James  W.  Crooks,  guardian,  etc.,  dated  March  22, 
1849,  conveying  8  acres  3  roods  and  87  rods  of  land,  etc.    Recorded  in 
book  146,  page  313,  etc.,  of  same  records. 

61.  Deed  from  Orrin  C.  Andrus,  dated  March  23,  1849,  conveying 
24  rods  of  land,  etc.    Recorded  in  book  147,  page  344,  of  same  records. 

62.  Deed  from  Sophia  Charter  and  husband,  dated  May  21,  1849, 
conveying  2  acres  1  rood  and  33  rods  of  land,  etc.    Recorded  In  liber 
150,  folio  462,  of  same  records. 

63.  Deed  from  Roswell  Shurtliff  and  wife,  dated  March  18,  1851, 
conveying  a  tract  of  land  in  Springfield,  with  roadway,  etc.     Re- 
corded in  liber  159,  folio  139,  of  same  records. 

64.  Deed  from  the  trustees  of  the  school  funds,  etc.,  dated  August 
30,  1851,  conveying  strip  of  land  for  a  sidewalk.    Recorded  in  liber 
166,  folio  95,  of  same  records. 

65.  Deed  from  Persis  Taylor,  dated  June  1, 1852,  conveying  a  trac;: 
of  land  in  Springfield.     Recorded  in  liber  160,  folio  300,  of  sai?  e 
records. 

66.  Deed  from  the  Western  Railroad  Company,  dated  June  19, 
1852,  conveying  certain  water  rights,  easements,  etc.     Recorded  in 
liber  166,  folio  96,  of  same  records. 

67.  Deed  from  George  Bliss  and  wife,  dated  July  8, 1856,  conveying 
4  acres  and  22.92  rods  of  land  upon  condition,  etc.    Recorded  in  book 
183,  page  372,  of  same  records. 

68.  Deed  from  James  T.  Ames  and  wife,  dated  July  29,  1856,  con- 
veying a  tract  of  land  in  Springfield.    Recorded  in  liber  182,  folio 
514,  of  same  records. 

69.  Deed  from  Thomas  Knox  and  wife,  dated  October  15,  1857, 
conveying  a  tract  of  land  to  raise  height  of  dam,  etc.    Recorded  in 
book  193,  page  13,  of  same  records. 

70.  Deed  from  Henry  J.  Fuller  and  wife,  dated  October  15,  1857, 
conveying  a  tract  of  land  to  raise  height  of  dam,  etc.    Recorded  in 
book  193,  page  12,  of  same  records. 

71.  Deed  from  John  Ashley  and  wife,  dated  October  17,  1857,  con- 
veying a  tract  of  land  to  raise  height  of  dam,  etc.    Recorded  in  book 
193,  page  114,  of  same  records. 

72.  Deed  from  Hezekiah  Burt  and  wife,  dated  October  19,  1857, 
conveying  a  tract  of  land  to  raise  the  height  of  dam,  etc.    Recorded 
in  book  193,  page  115,  of  same  records. 

73.  Deed  from  Harmony  A.  Fletcher,  dated  October  21,  1857,  con- 
veying a  tract  of  land  to  raise  height  of  dam,  etc.    Recorded  in  book 
193,  page  14,  of  same  records. 

74.  Deed  from  R.  S.  Austin  and  wife,  dated  October  31,  1857,  con- 
veying certain  tracts  of  land  to  raise  height  of  dam,  etc.    Recorded 
in  book  193,  page  8,  of  same  records. 

75.  Deed  from  Samuel  Walker  and  wife,  dated  October  31,  1857, 
conveying  a  tract  of  land  to  raise  height  of  dam,  etc.    Recorded  in 
book  193,  page  16,  of  same  records. 

76.  Deed  from  Philos  B.  Tyler  and  wife,  dated  November  2,  1857, 
conveying  a  tract  of  land  to  raise  height  of  dam,  etc.    Recorded  in 
book  193,  page  10,  of  same  records. 


MASSACHUSETTS.  203 

77.  Deed  from  Charles  G.  Rice  and  wife,  dated  November  4,  1857, 
conveying  the  right  to  flow  his  land  by  raising  dam  10  feet.     Re- 
corded in  book  193,  page  14,  of  same  records. 

78.  Deed  from  Jonathan  Carlisle  and  wife,  dated  November  5, 
1857,  conveying  tracts  of  land  to  raise  height  of  dam,  etc.    Recorded 
in  book  193,  page  59,  of  same  records. 

79.  Deed  from  Samuel  Aspinwall,  guardian,  etc.,  dated  November 

12,  1857,  conveying  tracts  of  land  to  raise  height  of  dam,  etc.    Re- 
corded in  book  193,  page  57,  of  same  records. 

80.  Deed  from  Elisha  Benton  et  al.,  dated  December  2,  1857,  con- 
veying lands  to  raise  height  of  dam,  etc.     Recorded  in  book  193, 
page  112,  of  same  records. 

81.  Deed  from  the  city  of  Springfield,  dated  December  8,  1857, 
conveying  all  right  in  certain  highways  and  release  of  damage  by 
flowage,  etc.    Recorded  in  book  193,  page  111,  of  same  records. 

82.  Deed  from  Seth  Thayer  and  wife,  dated  December  10,  1857, 
conveying  a  tract  of  land  to  raise  height  of  dam,  etc.    Recorded  in 
book  193,  page  116,  of  same  records. 

83.  Deed  from  David  F.  Ashley  and  wife,  dated  December  15, 1857, 
conveying  a  tract  of  land  to  raise  height  of  dam,  etc.    Recorded  in 
book  193,  page  132,  of  same  records. 

84.  Deed  from  Daniel  Gay  and  wife,  dated  December  24,  1857, 
conveying  a  tract  of  land  to  raise  height  of  dam,  etc.    Recorded  in 
book  193,  page  133,  of  same  records. 

85.  Deed  from  Daniel  Charter  and  wife,  dated  June  10,  1858,  con- 
veying a  tract  of  land  to  raise  height  of  dam,  etc.    Recorded  in  book 
195,  page  127,  of  same  records. 

86.  Deed  from  Edward  Ingerspll  and  wife,  dated  May  14,  1859, 
conveying  1  acre  of  land  with  privilege  of  erecting  a  powder  magazine 
with  right  of  way,  etc.     Recorded  in  book  198,  page  153,  of  same 
records. 

87.  Deed  from  John  Ashley  and  wife,  dated  June  2, 1859,  conveying 
41.88  rods  of  land  for  a  highway ;  also  a  right  of  way  for  a  race  way, 
etc.    Recorded  in  liber  199,  folio  11,  of  same  records. 

88.  Deed  from  Horace  Kibbe  and  wife,  dated  September  3,  1860, 
conveying  a  tract  of  land  in  Springfield  with  conditions.    Recorded 
in  book  205,  page  480,  of  same  records. 

89.  Deed  from  R.  E.  Ladd  et  al.,  dated  July  16,  1863,  conveying  a 
right  of  way  and  privilege  of  laying  conduits,  etc.     Recorded  in 
book  221,  page  212,  of  same  records. 

90.  Lease  for  99  years,  etc.,  from  Henry  I.  Fuller,  dated  December 

13,  1864,  leasing  a  certain  described  tract  of  land  in  Springfield. 
Recorded  in  book  230,  page  369,  of  same  records. 

91.  Deed  from  James  T.  Ames  and  wife,  dated  February  9,  1867, 
conveying  a  tract  of  land  in  Springfield.    Recorded  in  book  245,  page 
436,  of  same  records. 

92.  Lease  for  99  years  from  Sidney  R.  Cook  and  Eli  P.  Cook, 
dated  July  6, 1867,  of  a  certain  described  tract  of  land  in  Springfield. 
No  evidence  of  record  of  said  lease. 

93.  Deed  from  James  T.  Ames  and  wife,  dated  December  3,  1868, 
conveying  a  tract  of  land  in  Springfield.    Recorded  in  book  259, 
page  448,  of  same  records. 


204  UNITED   STATES   MILITAKY   RESERVATIONS,  ETC. 

94.  Deed  from  E.  E.  Ladd  and  wife,  dated  December  17,  1868, 
conveying  a  tract  of  land  in  Springfield.     Recorded  in  book  259, 
page  511,  of  same  records. 

95.  Deed  from  Edward  P.  Chapin  and  wife,  dated  January  28, 
1869,  conveying  a  tract  of  land  in  Springfield.     Recorded  in  book 
259,  page  147  of  same  records. 

96.  Deed  from  Charles  Phelps  and  wife,  dated  August  2, 1870,  con- 
veying 3  acres  of  land  and  release  of  other  interests.     Recorded  in 
book  274,  page  533,  of  same  records. 

Lease. — February  26,  1915,  to  F.  B.  Taylor,  for  3  years  from 
March  1,  1915,  of  parcel  leased  by  the  United  States  December  13, 
1864,  for  99  years  from  Henry  I.  Fuller.  See  No.  90  under  deeds, 
supra. 

Revocable  licenses. — July  13,  1898,  to  board  of  public  works,  city 
of  Springfield,  for  sewer  along  Mill  Street. 

May  13,  1901,  to  same,  for  intercepting  sewer  around  north  shore 
of  Water  Shops  Pond. 

July  27,  1907,  to  Springfield  Street  Railway  Co.  for  tracks  on 
reservation. 

June  21,  1909,  to  Springfield  Gas  Light  Co.  for  gas  mains  on  Mill 
Street.  Modified  by  license  of  March  25,  1910. 

February  8,  1910,  to  the  United  Electric  Light  Co.  of  Springfield 
to  maintain  its  existing  lines  upon  the  reservation.  Extensions 
authorized  June  30, 1911,  and  September  14,  1911. 

February  9,  1910,  to  the  New  England  Telephone  &  Telegraph  Co. 
to  maintain  its  existing  lines  upon  the  reservation. 

April  29,  1910,  to  the  city  of  Springfield  to  lay  and  maintain  a 
water  main  in  and  along  Walnut,  Mill,  and  Oakland  Streets. 

May  24, 1911,  to  the  city  of  Springfield  to  lay  and  maintain  a  water 
main  along  Mill  Street. 

September  6,  1911,  to  the  board  of  public  works  of  the  city  of 
Springfield  to  construct  and  maintain  a  sewer  on  Mill  Street  between 
Hancock  and  Dickinson  Streets. 

October  28,  1911,  to  the  Knox  Automobile  Co.  to  construct  and 
maintain  an  embankment  or  causeway  upon  the  reservation,  and  to 
use  the  same  and  water  from  Carlisle  Brook  in  test  of  its  apparatus. 

February  5,  1915,  to  O.  J.  Ewig  to  construct  and  maintain  a  boat- 
house  partly  upon  Government  property. 

June  2,  1915,  to  the  Massasoit  Canoe  Club  to  construct  and  main- 
tain partly  on  the  reservation  a  boathouse  and  float. 

Jurisdiction. — See  "  Fort  Independence."     See  Appendix,  page  507. 

FORT    STANDISH     (NEW). 

This  reservation  is  situated  in  Boston  Harbor  and  comprises  all  of 
Lovells  Island,  containing  about  62  acres. 

Under  date  of  October  15,  1902,  the  Secretary  of  War  transferred 
to  the  Treasury  Department  two  sites  for  range  lights,  and  one  site 
for  light  keeper's  dwelling,  with  privilege  of  use  of  the  wharf,  etc., 
on  the  reservation,  Congress  having  made  appropriation  by  act 
approved  June  28,  1902  (32  Stat,  430),  for  the  establishment  of  two 
lange  lights  on  said  island. 

Title  and  jurisdiction. — See  "  Fort  Warren." 


MASSACHUSETTS.  205 

FORT    STANDISH     (OLD). 

This  reservation  is  situated  on  Saquish  Neck  at  the  northern 
entrance  to  Plymouth  Harbor,  4  miles  by  water  from  the  city  of 
Plymouth,  in  Plymouth  County,  and  contains  an  area  of  6.9  acres. 

Title. — Deed  from  Samuel  Burgess  et  al.,  dated  June  10, 1870,  con- 
veying the  tract  embraced  in  reservation.  Recorded  in  book.  366, 
page  79,  of  the  registry  of  deeds  in  Plymouth  County.  The  above 
purchase  made  by  virtue  of  an  act  of  Congress  approved  March  2, 
1867  (14  Stat.,  488). 

Jurisdiction. — See  "  Fort  Andrew." 

FORT   STRONG. 

This  reservation  is  situated  in  Boston  Harbor  and  contains  an  area 
of  about  64.804  acres,  of  which  44.282  acres  are  above  mean  high  water 
and  about  20.522  acres  flats.  It  was  acquired  under  an  act  of  Con- 
gress entitled  "An  act  to  authorize  the  entry  and  occupation  of  a 
portion  of  Long  Island  in  Boston  Harbor  for  military  purposes," 
approved  March  28,  1867  (15  Stat.,  7). 

Title. — 1.  Decree  of  condemnation  for  35.39  acres  in  case  of  the 
United  States  v.  James  T.  Austin  and  Loring  H.  Austin,  in  the  supe- 
rior court  of  the  county  of  Suffolk,  Commonwealth  of  Massachusetts. 
Decree  rendered  May  27, 1869,  and  filed,  with  the  record  in  said  cause, 
in  the  office  of  the  clerk  of  said  court. 

2.  Decree  of  condemnation  for  14.29  acres  and  shore  line,  in  case  of 
The  United  States  v.  Peter  Dunbar  and  Thomas  J.  Dunbar,  in  the 
superior  court  of  the  county  of  Suffolk,  Commonwealth  of  Massa- 
chusetts.   Decree  rendered  January  18,  1870,  and  filed,  with  the  rec- 
ord in  said  case,  in  the  office  of  the  clerk  of  said  court. 

3.  Decree  of  condemnation  for  15.124  acres  in  cause  1087,  entitled 
"  The  United  States  v.  Certain  Land  on  Long  Island,"  in  the  district 
court  of  the  United  States  for  the  district  of  Massachusetts.    Decree 
rendered  June  1,  1900,  and  filed  June  27,  1900,  in  clerk's  office  of 
said  court. 

4.  Quitclaim  deed  from  the  city  of  Boston,  dated  June  25,  1900, 
conveying  above  15.124  acres.    Deed  recorded  in  liber  2698,  page  440, 
of  the  records  of  Suffolk  County. 

On  September  13, 1900,  the  War  Department  and  Treasury  Depart- 
ment exchanged  tracts  of  land  containing  1  acre  and  32  poles  each 
and  certain  rights  of  way,  in  order  to  prevent  injury  to  the  light- 
house by  the  firing  of  heavy  guns. 

Revocable  licenses. — January  26, 1884,  to  the  Treasury  Department 
to  occupy  a  portion  of  the  reservation  with  the  buildings  thereon  for 
lighthouse  purposes.  Location  changed,  September  13,  1900. 

November  22,  1887,  to  the  New  England  Telephone  &  Telegraph 
Co.  to  maintain  and  use  a  telephone  line  upon  the  reservation. 

February  6,  1900,  to  the  city  of  Boston  to  land  a  submarine  cable 
on  the  reservation  to  connect  the  quarantine  station  at  Gallops  Island 
with  the  city  of  Boston. 

January  23, 1902,  to  the  city  of  Boston  to  lay  a  12-inch  water  main 
on  the  reservation. 


206  UNITED   STATES   MILITABY  RESERVATIONS,  ETC. 

Jurisdiction. — Consent  to  the  purchase  or  condemnation  and  juris- 
diction ceded  by  the  following  acts  of  the  general  court,  etc.,  approved 
June  4, 1868,  which  provide  as  follows : 

SECTION  1.  The  consent  of  the  Commonwealth  is  hereby  granted  to  the  United 
States  to  purchase  a  tract  of  lowland  situated  on  Long  Island  in  Boston  Harbor, 
said  lowland  being  a  narrow  isthmus  connecting  the  East  Head  of  Long  Island 
with  the  main  or  central  portion  of  said  Island ;  said  isthmus  belonging  to  T.  J. 
Dunbar  and  Peter  Dunbar,  Trustees,  comprising  by  estimation  about  ten  acres, 
for  the  erection  of  military  works  for  the  defense  of  said  harbor,  for  the  erection 
of  a  sea  wall  as  a  part  of  the  system  for  the  improvement  of  said  harbor  for 
commercial  purposes  and  for  the  purpose  of  providing  a  landing  place  for  con- 
venience in  reaching  the  said  East  Head  of  Long  Island ;  and  the  consent  of  this 
Commonwealth  is  also  hereby  given  to  said  United  States  to  purchase,  occupy, 
and  fill  the  flats  appurtenant  to  said  isthmus  for  the  aforesaid  objects,  and  to 
the  extent  of  four  hundred  yards  from  low -water  mark ;  provided,  always,  and 
the  consent  aforesaid  is  granted  upon  the  express  condition  and  reservation 
that  this  Commonwealth  shall  retain  concurrent  jurisdiction  with  the  United 
States  in  and  over  the  tract  of  lowland,  to  wit,  the  said  isthmus,  and  the  flats 
aforesaid,  for  the  service  of  all  civil  process  and  such  criminal  processes  as  may 
issue  under  the  authority  of  the  Commonwealth  against  any  person  or  persons 
charged  with  crimes  or  offences  agninst  the  laws  of  this  Commonwealth,  com- 
mitted without  the  said  tract  of  low  land,  to  wit,  the  said  isthmus  and  flats,  and 
that  said  civil  and  criminal  processes  may  be  executed  thereon  in  the  same  way 
and  manner,  and  with  the  same  effect,  as  if  the  consent  aforesaid  had  not  been 
granted. 

Section  2  provides  for  condemnation  in  case  of  a  failure  of  agree- 
ment of  sale  and  purchase.  Act  approved  June  4,  1848,  chapter  292. 

SECTION  1.  The  consent  of  this  Commonwealth  is  hereby  granted  to  the  United 
States  to  purchase  a  tract  of  upland  situated  on  Long  Island  in  Boston  Harbor, 
and  known  as  the  East  Head  of  Long  Island,  belonging  to  James  T.  Austin  and 
Loring  H.  Austin,  comprising,  by  estimation,  about  twenty-four  acres,  for  the 
erection  of  military  works  for  the  defense  of  said  harbor,  and  for  the  erection 
of  a  sea  wall  as  a  part  of  the  system  for  the  improvement  of  said  harbor  for 
commercial  purposes,  and  to  purchase,  occupy  and  fill  the  flats  appurtenant  to 
said  tract  for  the  aforesaid  objects,  and  to  the  extent  of  four  hundred  yards 
from  low-water  mark;  provided,  always,  and  the  consent  aforesaid  is  granted 
upon  the  express  condition  and  reservation  that  this  Commonwealth  shall  retain 
concurrent  jurisdiction  with  the  United  States  in  and  over  the  tract  of  upland 
and  the  flats  aforesaid,  for  the  service  of  all  civil  process  and  of  such  criminal 
processes  as  may  issue  under  the  authority  of  the  Commonwealth  against  any 
person  or  persons  charged  with  crimes  or  offences  against  the  laws  of  this 
Commonwealth,  committed  without  the  said  tract  of  uplands  and  flats,  and  that 
said  civil  and  criminal  processes  may  be  executed  thereon  in  the  same  way  and 
manner  and  with  the  same  effect  as  if  the  consent  aforesaid  had  not  been 
granted. 

Section  2  provides  for  condemnation  in  case  of  a  failure  of  agree- 
ment of  sale  and  purchase.     Act  approved  June  4,  1868,  chapter  293. 
See  also  act  approved  March  28,  1900. 

FORT  WARREN. 

This  reservation  is  situated  near  the  outlet  entrance  to  Boston 
Harbor  and  is  about  7-|  miles  from  the  city  of  Boston  by  the  main 
ship  channel.  It  contains  an  area  of  about  28  acres  and  includes  the 
whole  of  George's  Island  in  Suffolk  County. 

Title. — Deed  from  the  city  of  Boston,  dated  June  22,  1825,  convey- 
ing George's  and  Lovell's  Islands.  Recorded  in  liber  301,  folio  9,  of 
the  deed  records  of  Suffolk  County. 


MASSACHUSETTS.  207 

Jurisdiction. — Ceded  to  the  United  States  by  an  act  of  the  State 
legislature  passed  February  7,  1846,  which  provides  as  follows: 

SECTION  1.  Jurisdiction  is  hereby  granted  and  ceded  to  the  United  States  over 
two  islands  in  Boston  harbor,  known  as  George's  Island  and  Lovell's  Island, 
upon  the  former  of  which  the  United  States  are  erecting  works  of  fortification 
known  as  Fort  Warren. 

SEC.  2.  The  consent  of  this  Commonwealth  is  hereby  granted  to  the  United 
States  to  purchase  an  island  in  the  harbor  of  Boston,  called  Governor's  Island, 
for  the  purpose  of  erecting  thereon  forts,  magazines,  arsenals,  dockyards,  and 
other  needful  buildings;  the  evidence  of  the  purchase  aforesaid  to  be  entered 
and  recorded  in  the  registry  of  deeds,  in  the  county  of  Suffolk,  and  Common- 
wealth of  Massachusetts;  and  the  jurisdiction  over  the  said  Governor's  Island 
is  hereby  granted  and  ceded  to  the  United  States:  Provided,  always,  and  the 
cession  and  consent  aforesaid  are  granted  upon  the  express  condition  that  this 
Commonwealth  shall  retain  a  concurrent  jurisdiction  with  the  United  States  in 
and  over  the  islands  aforesaid,  so  far  as  that  all  civil  processes,  and  such  crimi- 
nal processes  as  may  issue  under  the  authority  of  this  Commonwealth  against 
any  person  or  persons  charged  with  crimes  committed  without  the  said  islands, 
may  be  executed  therein  in  the  same  way  and  manner  as  though  this  cession 
and  consent  had  not  been  made  and  granted. 

SEC.  3.  The  property  over  which  jurisdiction  is  granted  by  this  act  shall  be 
exonerated  and  discharged  from  all  taxes  and  assessments  which  may  be  laid 
or  imposed  under  the  authority  of  this  Commonwealth,  while  the  said  islands 
shall  remain  the  property  of  the  United  States,  and  shall  be  used  for  the 
purposes  intended  by  this  act. 

WATERTOWN  ARSENAL.  

This  reservation  is  situated  at  Watertown,  in  Middlesex  County, 
and  contains  an  area  of  about  87.4  acres. 

Title. — 1.  Deed  from  Thomas  Learned  and  wife,  dated  September 
23,  1816,  conveying  20  acres  3  roods  and  39  poles  of  land.  Recorded 
in  book  219,  page  56,  of  the  deed  records  of  Middlesex  County. 

2.  Decree  of  condemnation  for  six  parcels,  aggregating  19  acres 
1  rood  and  4  perches  of  land,  adjoining  land  purchased  from  Learned, 
in  case  of  the  United  States  v.  John  Baxter  et  al.,  in  the  circuit  court 
of  common  pleas  for  the  middle  circuit  for  the  county  of  Middlesex. 
Decree  rendered  October  23,  1816,  and  filed  with  the  record  in  said 
cause  in  the  clerk's  office  of  said  court  at  Concord,  in  said  county. 

3.  Deed  from  Jonathan  Child  et  al.,  dated  July  28, 1830,  conveying 
3  acres  3  roods  and  13  rods  of  land.     Recorded  in  book  299,  page  324, 
of  the  deed  records  of  Middlesex  County. 

4.  Deed  from  John  Baxter  et  al.,  dated  September  28,  1830,  con- 
veying 1  rood  8  poles  and  354  square  links  of  land.     Recorded  in 
book  298,  page  514,  of  same  records. 

5.  Decree  of  condemnation  of  same  tract,  in  case  of  the  United 
States  v .  Elizabeth  Bates  et  al.,  before  the  county  commissioners  at 
Cambridge,  in  Middlesex  County.     Decree  rendered  and  filed  with 
the  record  in  the  office  of  the  county  commissioners  at  Cambridge,  in 
Middlesex  County,  March  30,  1831. 

6.  Deed  from  Thomas  Learned  and  wife,  dated  April  15,  1839, 
conveying  10  acres  of  land.     Recorded  in  book  381,  page  296,  of  the 
deed  records  of  Middlesex  County. 

7.  Deed  from  William  Sears  a"nd  wife,  dated  September  23,  1867, 
conveying  44  acres  of  land.    Recorded  in  book  1018,  page  230,  of 
same  records. 

12925°— 16 14 


208  UNITED   STATES   MILITAEY  RESEKVATIONS,  ETC. 

Easement. — Deed  of  the  Secretary  of  War,  dated  May  19,  1906, 
under  act  of  Congress  approved  April  28,  1904  (33  Stat.,'  490),  con- 
veying to  the  Commonwealth  of  Massachusetts  certain  land  for  a 
right  of  way  for  park  drive  along  the  Charles  River. 

Revocable  licenses. — December  28,  1894,  to  the  New  England  Tele- 
phone &  Telegraph  Co.  to  maintain  and  use  its  line  of  poles  already 
constructed  on  the  reservation. 

October  28, 1904,  to  town  of  Watertown  to  lay  and  maintain  a  drain 
through  the  arsenal  grounds. 

Jurisdiction. — Ceded  to  the  United  States  by  an  act  of  the  State 
legislature,  approved  June  17, 1816,  which  provides  as  follows : 

SECTION  1.  Be  it  enacted,  etc.,  That  the  consent  of  this  Commonwealth  be,  and 
hereby  is,  granted  to  the  United  States,  to  purchase  a  tract  of  land  not  exceed- 
ing sixty  acres,  situated  in  the  town  of  Watertown,  in  the  county  of  Middlesex, 
on  the  left  bank  of  Charles  River,  about  one  mile  below  the  Watertown  bridge, 
so  called,  for  the  purpose  of  erecting  forts,  magazines,  arsenals,  dock  yards,  and 
other  needful  buildings ;  the  evidence  of  the  purchase  aforesaid  to  be  entered  and 
recorded  in  the  registry  of  deeds  in  the  said  county  of  Middlesex:  Provided 
always,  And  the  consent  aforesaid  is  granted  upon  the  expressed  condition  that 
this  Commonwealth  shall  retain  a  concurrent  jurisdiction  with  the  United  States 
in  and  over  the  tract  of  land  aforesaid,  so  far  as  that  all  civil  and  such  criminal 
processes  as  may  issue  under  the  authority  of  this  Commonwealth  against  any 
person  or  persons  charged  with  crimes  committed  without  the  said  tract  of  land 
may  be  executed  therein,  in  the  same  way  and  manner  as  though  this  consent 
had  not  been  made  or  granted. 

FORT  WINTJTROP. 

This  reservation  is  situated  in  Boston  Harbor  and  embraces  the 
whole  of  what  is  known  as  Governor's  Island.  It  contains  72  acres. 

Title. — 1.  Deed  from  James  Winthrop,  dated  May  18, 1808,  convey- 
ing 6  acres  of  Governor's  Island.  Recorded  in  liber  225,  folio  19*3, 
of  the  deed  records  of  Suffolk  County. 

2.  Quitclaim  deed  from  Charles  A.  Bigelow  and  wife,  dated  Feb- 
ruary 23,  1846,  conveying  all  interest  in  Governor's  Island.  Deed 
recorded  in  liber  558,  folio  1,  of  same  records. 

Easement. — By  joint  resolution  approved  June  5,  1902  (32  Stat.. 
743),  Congress  authorized  the  Secretary  of  War  to  permit  the  city  or 
Boston  "  to  improve  and  beautify  Governors  Island,  upon 

plans  to  be  previously  approved  by  the  Secretary  of  War."  Plan 
showing  general  scheme  of  improvement  to  be  undertaken  by  the 
city  approved  by  the  Secretary  of  War  March  8, 1912. 

Jurisdiction. — Ceded  to  the  United  States  by  acts  of  the  State 
legislature  approved  June  25,  1798,  and  February  7,  1846  (see  acts 
under  Fort  Independence  and  Fort  Warren),  and  by  the  following 
act  passed  March  12,  1808: 

Be  it  enacted,  etc.,  That  all  the  provisions  in  the  act,  to  which  this  act  is  iu 
addition,  relative  to  the  purchase,  jurisdiction,  and  tenure  of  Governor's  Island, 
in  the  harbor  of  Boston,  shall  be  construed  to  extend,  and  shall  extend  to  any 
part  or  portion  of  said  Island,  which  may  be  selected  or  designated  on  the  part 
and  behalf  of  the  United  States,  by  their  proper  officers,  for  the  purposes  ex- 
pressed in  said  act:  Provided,  however,  That  all  those  parts  of  said  Island, 
which  shall  not  be  taken  to  the  use  of  the  United  States  within  two  years  from 
the  passing  of  this  act,  shall  remain  free  from  any  claim  of  the  United  States, 
in  virtue  of  the  act  to  which  this  is  in  addition* 


MEXICO-MICHIGAK.  209 

MEXICO. 

MEXICO  NATIONAL  CEMETERY. 

This  burial  site  is  situated  near  the  City  of  Mexico,  at  San  Cosme, 
and  contains  2  acres.  The  grounds  were  purchased  pursuant  to  an 
act  of  Congress  approved  September  28,  1850  (9  Stat.,  506),  for  a 
cemetery  or  burial  ground  for  such  officers  and  soldiers  of  the  United 
States  Army  in  the  War  with  Mexico  as  fell  in  battle  or  died  in  and 
around  said  city,  and  for  the  interment  of  American  citizens  who 
have  died  or  may  die  in  said  city. 

Title. — Deed  from  Don  Manuel  Lopez,  dated  June  26,  1851,  con- 
veying said  tract.  Recorded  at  the  City  of  Mexico,  and  a  copy  placed 
on  file  in  the  United  States  legation  in  that  city. 

MICHIGAN. 

GENERAL  ACT  OF  CESSION. 

SECTION  1.  That  the  United  States  of  America  shall  have  power  to  purchase, 
or  to  condemn,  in  the  manner  prescribed  by  its  laws,  upon  making  just  com- 
pensation therefor,  any  land  in  the  State  of  Michigan  required  for  custom- 
houses, arsenals,  light-houses,  National  Cemeteries,  or  for  other  purposes  of  the 
government  of  the  United  States. 

SEC.  2.  The  United  States  may  enter  upon  and  occupy  any  land  which  may 
have  been  or  may  be  purchased  or  condemned,  or  otherwise  acquired,  and  shall 
have  the  right  of  exclusive  legislation  and  concurrent  jurisdiction  together  with 
the  State  of  Michigan,  over  such  land  and  the  structures  thereon,  and  shall 
hold  the  same  exempt  from  all  State,  county,  and  municipal  taxation.  (Act  of 
Mar.  24,  1874.  Compiled  Laws,  1897,  vol.  1,  p.  451.) 

FORT  BRADY. 

This  reservation  is  situated  west  of  and  adjoining  the  city  of  Sault 
Ste.  Marie,  in  Chippewa  County,  and  contains  about  73  acres,  with 
metes  and  bounds  as  given  in  G.  O.  99,  W.  D.,  May  28,  1906.  The 
land  was  acquired  under  the  provisions  of  an  act  of  Congress  ap- 
proved July  8,  1886.  (24  Stat,  128.) 

Title. — 1.  Deed  from  Thomas  Ryan  and  wife,  dated  December  18, 
1886,  conveving  80  acres  with  exceptions.  Recorded  in  liber  19,  page 
340,  of  the  deed  records  of  Chippewa  County. 

2.  Quitclaim  deed  from  the  city  of  Sault  Ste.  Marie,  dated  May 
22,  1888,  conveying  certain  streets,  roads,  etc.  Recorded  in  liber  17, 
page  581,  of  same  records. 

Revocable  licenses. — September  7,  1900,  to  the  tow^n  of  Sault  Ste. 
Marie  to  maintain  a  street  across  the  northwest  corner  of  the  reser- 
vation. 

March  9,  1906,  to  the  Michigan  State  Telephone  Co.,  for  private 
telephone  service. 

November  2, 1910,  to  said  company  to  erect  and  maintain  four  tele- 
phone poles  in  connection  with  its  service  on  the  reservation. 

Jurisdiction. — See  "  General  act  of  cession." 


210  UNITED   STATES   MILITAKY  RESERVATIONS,  ETC. 

TARGET  RANGE    (FORT  BRADY). 

This  reservation  is  situated  near  Rexford  Station  on  the  line  of 
the  Duluth,  South  Shore  &  Atlantic  Railroad,  in  Chippewa  County, 
and  contains  2,960  acres,  more  or  less. 

Title. — Executive  order  dated  January  19,  1895,  setting  apart  said 
tract  for  a  rifle  range  and  other  military  purposes,  in  connection  with 
the  post  of  Fort  Brady. 

Jurisdiction. — See  "  General  act  of  cession." 

LAKESIDE  CEMETERY. 

This  burial  ground  is  situated  at  Port  Huron,  in  St.  Clair  County, 
and  contains  an  area  of  about  12,000  square  feet. 

Title.— Deed  from  the  city  of  Port  Huron  dated  October  14,  1881, 
conveying  lots  144  to  159,  inclusive.  Recorded  in  the  office  of  the 
city  clerk  of  Port  Huron. 

Jurisdiction. — See  "  General  act  of  cession." 

FORT  MACKINAC. 

This  reservation  is  situated  in  the  southeastern  part  of  Mackinac 
Island  in  the  straits  of  the  same  name,  and  originally  contained 
about  2  square  miles.  It  was  reduced  by  the  survey  establishing  the 
national  park  on  that  island  in  1875  to  103.4  acres. 

Title. — Originally  established  by  the  British  in  1780,  it  was  ceded 
to  the  United  States  by  treaty  in  1795.  In  1812  the  fort  was  captured 
by  the  British  and  in  1814  the  United  States  forces  were  defeated  in 
an  attempt  to  recapture  it.  In  the  spring  of  1815  it  was  surrendered 
to  the  United  States  and  continued  to  be  occupied  for  military  pur- 
poses practically  the  whole  time  until  it  was  turned  over  to  the  State 
of  Michigan  for  the  purposes  of  a  public  park,  under  authority  of 
act  of  Congress,  dated  March  2,  1895  (28  Stat.,  946).  This  act  pro- 
vides that  if  the  reservation  shall  cease  to  be  used  for  such  purposes, 
or  is  used  for  any  other  purposes,  it  shall  revert  to  the  United  States. 

MACKINAC  ISLAND  NATIONAL  PARK. 

This  reservation  is  situated  on  Mackinac  Island  and  consists  of  so 
much  of  the  island  as  was  formerly  held  by  the  United  States  under 
military  reservation  or  otherwise  (excepting  the  Fort  Mackinac  and 
so  much  of  the  reservation  thereof  as  bounds  it  to  the  south  of  the 
village  of  Mackinac,  and  to  the  west,  north  and  east,  respectively,  by 
lines  drawn  north  and  south,  east  and  wrest,  at  a  distance  from  the 
flag  pole  of  400  yards). 

Title. — Acquired  by  treaty  with  Great  Britain  about  1795.  The 
reservation,  said  to  have  been  declared  by  the  President,  November 
8,  1827,  was  set  apart  as  a  national  public  park  for  health,  comfort, 
and  pleasure,  for  the  benefit  and  enjoyment  of  the  people,  by  act  of 
Congress  approved  March  3,  1875.  (18  Stat.,  517.)  It  was  turned 
over  to  the  State  of  Michigan  for  the  purposes  of  a  public  park,  un- 
der authority  of  act  of  Congress,  dated  March  2, 1895  (28  Stat.,  946). 
This  act  provides  that^f  the  reservation  shall  cease  to  be  used  for 
such  purposes,  or  is  used  for  any  other  purposes,  it  shall  revert  to  the 
United  States. 


MICHIGAN.  211 

MILITIA  TARGET  RANGES. 

Ann  Arbor  Target  Range. — This  range  is  situated  near  the  city 
of  Ann  Arbor,  in  Washtenaw  County,  and  comprises  an  area  of  about 
10.5  acres. 

Title.— I.  Deed  from  Frederick  H.  Aprill  et  ux.,  dated  July  13, 
1908,  conveying  5.5  acres.  Recorded  in  liber  176,  page  7,  of  the- deed 
records  of  Washtenaw  County. 

2.  Deed  from  Henry  Shwab  et  ux.,  dated  July  13,  1908,  conveying 
5  acres,  more  or  less.     Recorded  in  liber  176,  page  6,  of  same  records. 

3.  Deed  from  the  Ann  Arbor  Savings  Bank,  dated  July  14,  1908, 
releasing  mortgage  on  property  conveyed  by  deed  No.  2,  supra. 
Recorded  in  liber  11,  discharge  and  release  of  mortgages,  page  556, 
of  same  records. 

Big  Rapids  Target  Range. — This  range  is  situated  near  the  city 
of  Big  Rapids,  in  Mecosta  County,  and  comprises  an  area  of  about 
25  acres. 

Title. — 1.  Deed  from  Sarah  E.  Escott,  guardian,  dated  December 
28,  1908 ;  and  deed  from  Eli  V.  Falardeau  et  al.,  dated  December  31, 
1908,  conveying  23.50  acres.  Recorded,  respectively,  in  liber  94, 
page  267,  and  liber  98,  page  239,  of  the  deed  records  of  Mecosta 
County. 

2.  Deed  from  Andrew  Smith,  unmarried,  dated  March  15,  1909, 
conveying  1.54  acres.  Recorded  in  liber  98,  page  214,  of  same 
records. 

Cheboygan  Target  Range. — This  range  is  situated  upon  Lake 
Huron  near  the  city  of  Cheboygan,  in  Cheboygan  County,  and  com- 
prises an  area  of  about  17  acres. 

Title. — Deed  from  Mary  Stierman,  widow,  and  Isaac  Massey  et 
ux.,  dated  December  27,  1909,  conveying  17  acres,  more  or  less. 
Recorded  in  liber  48,  page  245,  of  the  deed  records  of  Cheboygan 
County. 

Detroit  Target  Range. — This  range  is  situated  near  the  city  of 
Detroit,  in  Wayne  County,  and  comprises  an  area  of  101.64  acres. 

Title. — 1.  Deed  from  the  Dime  Savings  Bank,  dated  May  4,  1907, 
conveying  70.13  acres.  Recorded  in  liber  701,  page  74,  of  the  deed 
records  of  Wayne  County. 

2.  Deed  'from  John  Vanderven  et  ux.,  dated  May  1,  1907,  convey- 
ing 21.36  acres.     Recorded  in  liber  691,  page  14,  of  same  records. 

3.  Deed  from  Antoine  Maier  et  ux.,  dated  May  1,  1907,  conveying 
10.15  acres.     Recorded  in  liber  691,  page  11,  of  same  records. 

Flint  Target  Range. — This  range  is  situated  near  the  city  of 
Flint,  in  Genesee  County,  and  comprises  an  area  of  80  acres. 

Title.— Deed  from  Fred  N.  Foote  et  ux.,  dated  June  28,  1909,  con- 
veying above  tract.  Recorded  in  liber  203,  page  467,  of  the  deed 
records  of  Genesee  County. 

Grand  Rapids  Target  Range. — This  range  is  situated  near  the 
city  of  Grand  Rapids,  in  Kent  County,  and  comprises  an  area  of 
193.6  acres. 

Title. — 1.  Deed  from  the  Grand  Rapids  Savings  Bank,  dated 
March  19, 1907,  conveying  41  acres.  Recorded  in  liber  357,  page  367, 
of  the  deed  records  of  Kent  County. 


212  UNITED  STATES   MILITARY  RESEKVATIONS,  ETC. 

2.  Deed  from  the  Grand  Rapids  Battalion,  dated  March  20,  1907, 
conveying  77.6  acres.     Recorded  in  liber  352,  page  389,  of  same 
records. 

3.  Quitclaim  deed  from  Delia  G.  Bailey  et  al.,  dated  April  1, 
1907,  conveying  same  premises  covered  by  deed  No.  2,  supra.    Re- 
corded in  liber  352,  page  390,  of  same  records. 

4.  Deed  from  the  Grand  Rapids  Savings  Bank,  dated  September 
19,  1910,  conveying  75  acres.     Recorded  in  liber  353,  page  164,  of 
same  records. 

Jackson  Target  Range. — This  range  is  situated  near  the  city  of 
Jackson,  in  Jackson  County,  and  comprises  an  area  of  20  acres. 

Title.— Deed  from  Helen  J.  Roath,  dated  October  4,  1909,  con- 
veying 20  acres.  Recorded  in  liber  201,  page  125,  of  the  deed  records 
of  Jackson  County. 

Kalamazoo  Target  Range. — This  range  is  situated  in  Kalamazoo 
County,  and  comprises  an  area  of  about  30  acres. 

Title. — 1.  Deed  from  Frederick  Shillito  et  ux.,  dated  December 
24,  1908,  conveying  10  acres.  Recorded  in  liber  146,  page  337,  of  the 
deed  records  of  Kalamazoo  County. 

2.  Deeds  from  W.  W.  Baldwin  et  ux.,  dated  August  17,  1910,  and 
April  11,  1911,  conveying  3  acres.    Recorded  in  liber  153,  pages  16 
and  274,  respectively,  of  same  records. 

3.  Deeds  from  James  W.  Osborn  et  ux.,  dated  September  30,  1910, 
and  April  11, 1911,  conveying  17  acres.    Recorded  in  liber  153,  pages 
18  and  272,  respectively,  of  same  records. 

Saginaw  Target  Range. — This  range  is  situated  near  the  city  of 
Saginaw,  in  Saginaw  County,  and  comprises  an  area  of  about  26.75 
ocres. 

Title.— Deed  from  Robert  V.  Mundy  et  al.,  dated  January  8,  1909, 
conveying  about  26.75  acres.  Recorded  in  liber  264,  page  218,  of  the 
deed  records  of  Saginaw  County. 

FORT  WAYNE. 

This  reservation  is  situated  on  the  Detroit  River  near  the  city  of 
Detroit,  and  contains  an  area  of  about  65  acres,  with  metes  and 
bounds  as  announced  in  G.  O.  99,  W.  D.,  May  28,  1906. 

Title. — 1.  Quitclaim  deed  from  Robert  A.  Forsyth  and  wife,  dated 
June  3,  1842,  conveying  23.36  acres.  Recorded  in  liber  21,  folio  401, 
etc.,  of  the  deed  records  of  Wayne  County. 

2.  Deed  from  Benjamin  B.  Kercheval  and  wife,  dated  June  3, 
1842,  conveying  23.36  acres.    Recorded  in  liber  21,  folio  402,  etc.,  of 
same  records. 

3.  Deed  from  William  Dwight  and  wife,  dated  April  15, 1844,  con- 
veying 41.86  acres.     Recorded  in  liber  24,  folio  394,  etc.,  of  same 
records. 

4.  Deed  from  Arthur  J.  Robertson,  dated  October  7,  1844,  convey- 
ing 7.48  acres.    Recorded  in  liber  24,  folio  394,  etc.,  of  same  records. 

In  order  to  establish  the  western  boundary  of  the  reservation,  the 
Secretary  of  War,  under  authority  of  act  of  Congress,  approved 
April  28,  1904  (33  Stat,  497),  executed  a  quitclaim  deed  under 
date  of  September  1,  1904,  to  the  Detroit  Edison  Co.,  relinquishing 


MINNESOTA.  213 

all  claim  to  lands  west  of  the  line  agreed  upon;  the  Detroit  Edison 
Co.  executing  the  following  deed  for  all  lands  east  of  said  line : 

5.  Quitclaim  deed  from  the  Detroit  Edison  Co.,  dated  July  2, 1904. 
Recorded  in  liber  587  of  deeds,  page  414,  of  same  records. 

6.  Deed  from  the  Detroit  Edison  Co.,  dated  September  21,  1910, 
conveying  a  perpetual  easement  for  driveway  leading  from  Jeffer- 
son Avenue  to  Government  stables  over  a  triangular  parcel  of  land 
belonging  to  grantor.     Recorded  in  liber  743,  page  546,  of  same 
records. 

Revocable  licenses. — November  17,  1902,  to  the  Detroit  City  Gas 
Co.  to  lay  and  maintain  its  gas  mains  within  the  reservation. 

November  5,  1908,  to  Michigan  State  Telephone  Co.  for  telephone 
line. 

October  27,  1909,  to  Edison  Illuminating  Co.  for  electric  line  to 
furnish  electric  current  to  the  post. 

Jurisdiction. — Ceded  to  the  United  States  by  an  act  of  the  State 
legislature  approved  February  9,  1842,  which  provides  as  follows: 

SECTION  1.  Be  it  enacted,  etc.,  That  the  jurisdiction  of  the  State  be,  and  the 
same  is  hereby  ceded  to  the  United  States,  over  any  tract  of  land,  not  exceeding 
two  hundred  acres,  that  may  be  purchased  by  the  United  States,  for  the  pur- 
pose of  erecting  thereon  a  fortification  for  the  defense  of  Detroit:  Provided, 
That  if  in  the  execution  of  the  work  for  which  the  said  cession  is  made  it 
should  become  necessary  to  vacate  any  road  or  highway  now  running  through 
the  said  land,  another  road  or  highway  of  equal  width,  ranging  as  little  as 
may  be,  consistent  with  the  military  object  in  view,  from  the  present  route  of 
said  road  or  highway,  shall  be  opened  and  put  in  good  condition  for  traveling, 
at  the  expense  of  the  United  States. 

See  also  "  General  act  of  cession." 

MINNESOTA. 

GENERAL   ACT   OF   CESSION. 

• 

SECTION  1.  Be  it  enacted,  etc.,  That  the  consent  of  the  State  of  Minnesota  is 
hereby  given,  in  accordance  with  the  seventeenth  clause,  eighth  section  of  the 
first  article  of  the  Constitution  of  the  United  States,  to  the  acquisition  by  the 
United  States,  by  purchase,  condemnation  or  otherwise,  of  any  land  in  this 
state  required  for  custom  houses,  court  houses,  post  offices,  arsenals,  or  other 
public  buildings  whatever,  or  for  any  other  purposes  of  the  government. 

SEC.  2.  That  exclusive  jurisdiction  in  and  over  any  land  so  acquired  by  the 
United  States  shall  be,  and  the  same  is  hereby  ceded  to  the  United  States,  for 
all  purposes  except  the  service  of  all  civil  and  criminal  process  of  the  courts  of 
this  state,  but  the  jurisdiction  so  ceded  shall  continue  no  longer  than  the  said 
United  States  shall  own  such  lands. 

SEC.  3.  The  jurisdiction  ceded  shall  not  vest  until  the  United  States  shall 
have  acquired  the  title  to  the  said  lands  by  purchase,  condemnation  or  other- 
wise; and  so  long  as  the  said  lands  shall  remain  the  property  of  the  United 
States  when  acquired  as  aforesaid,  and  no  longer,  the  same  shall  be  and  con- 
tinue exempt  and  exonerated  from  all  state,  county  and  municipal  taxation, 
assessment,  or  other  charges  which  may  be  levied  or  improved  under  the 
authority  of  this  state.  (Approved  Mar.  22,  1899.  General  Laws  of  Minn., 
1899,  p.  85,  ch.  83.) 

ST.   LOUIS   RIVER    MILITARY   RESERVATION. 

This  reservation  is  situated  in  St.  Louis  County,  on  the  extremity 
of  Minnesota  Point,  at  the  mouth  of  the  St.  Louis  River,  Lake  Supe- 
rior, and  comprises  a  portion  of  sec.  20,  T.  49  N.,  R.  13  W.  The 


214  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

area  in  section  20  was  originally  7.32  acres,  but  this  has  since  been 
increased  by  the  filling  of  submerged  lands  with  dredged  material 
in  the  improvement  of  navigation  to  about  46  acres,  and  is  being 
further  increased  by  dredging  operations.  It  is  occupied  in  part  by 
the  Lighthouse  Establishment  and  in  part  in  connection  with  river 
and  harbor  improvements. 

Title. — Originally  reserved,  along  with  other  lands,  by  Executive 
order  dated  March  13,  1854,  but  upon  the  recommendation  of  the 
War  Department  the  President,  by  order  dated  January  11,  1855, 
canceled  the  previous  order  except  as  to  the  tracts  in  fractional  sec- 
tions 20  and  28.  By  decision  of  the  Secretary  of  the  Interior,  dated 
September  21, 1893,  in  the  case  of  United  States  v.  Joseph  A.  Bullen, 
the  tract  in  fractional  section  28  (lots  1  and  2)  was  awarded  to  said 
Bullen.  The  reservation  as  now  held  by  the  United  States  embraces 
a  portion  of  fractional  section  20,  as  above  stated. 

ST.   PAUL  QUARTERMASTER   AND   COMMISSARY  DEPOT. 

This  reservation  is  situated  in  the  city  of  St.  Paul,  being  lot  3  and 
part  of  lot  4  of  block  31,  and  contains  an  area  of  15,500  square  feet. 
The  property  was  acquired  under  act  of  Congress  approved  August 
7,  1882.  (22  Stat.,  322.) 

Title.— Deed  from  the  city  of  St.  Paul,  dated  August  19, 1882,  con- 
veying lot  3  and  part  of  lot  4  in  block  31,  in  St.  Paul  proper.  Re- 
corded in  book  111,  pages  194  to  197,  of  the  deed  records  of  Ramsey 
County,  at  St.  Paul. 

Revocable  license. — October  5,  1904,  to  Farwell,  Ozman,  Kirk  & 
Co.  for  temporary  excavation  and  extension  of  footings,  at  a  depth 
of  about  20  feet,  over  boundary,  so  much  of  the  material  as  is  placed 
in  the  soil  of  the  United  States  to  become  the  property  of  the  United 
States.  • 

Jurisdiction. — Jurisdiction  was  supposed  to  have  been  ceded  to  the 
United  States  by  an  act  of  the  State  legislature  approved  February 
26,  1883,  but  the  cession  was  later  declared  by  the  Attorney  General 
of  the  United  States  to  be  of  no  effect ;  also,  the  general  act  of  cession 
is  not  retroactive  in  its  terms,  and  can  not,  therefore,  be  construed  as 
covering  this  reservation. 

FORT  SNELLINO. 

This  reservation,  originally  called  Fort  St.  Anthony,  is  situated 
on  the  crest  of  a  bluff  formed  by  the  junction  of  the  Mississippi  and 
Minnesota  Rivers.  It  contains  about  2,381.75  acres,  with  metes  and 
bounds  as  given  in  G.  O.  34,  W.  D.,  March  14,  1908. 

Title. — Reservation  was  originally  acquired  by  treaty  with  the 
Sioux  Indians  in  1805,  ratified  by  the  Senate  in  1808.  Its  boundaries 
were  reduced  and  defined  by  act  of  Congress  of  August  26,  1852  (10 
Stat.,  36).  It  was  first  garrisoned  in  1822,  and  continued  so  until 

1856.  The  reservation,  except  two  small  tracts,  was  sold  June  6, 

1857,  to  Franklin  Steele,  but  payment  not  having  been  made  accord- 
ing to  terms  of  sale,  and  no  conveyance  having  been  made,  the  United 
States  entered  into  possession  and  occupancy  of  the  reservation  April 


MINNESOTA.  215 

23,  1861.  Pursuant  to  act  of  May  7,  1870  (16  Stat.,  376),  a  reserva- 
tion of  1,531.21  acres  was  Set  apart  and  settlement  was  made  with  Mr. 
Steele  by  which  he  released  all  claims  thereto  in  consideration  of 
release  of  balance  of  purchase  money  and  conveyance  to  him  of 
remainder  of  original  reservation. 

An  addition  for  target  range  was  acquired  by  expropriation  pro- 
ceedings in  the  United  States  district  court  for  the  district  of  Min- 
nesota, under  decree  of  March  22,  1905;  filed  March  23,  1905,  and 
recorded  in  volume  9  of  term  minutes  of  said  court  at  pages  134-136. 
The  addition  contains  about  850  acres,  exclusive  of  the  "  Bloomington 
Road  to  St.  Paul."  See  G.  O.  67,  W.  D.,  May  3, 1905. 

A  further  addition  of  0.54  acre  was  acquired  by  deed  from  Rosa 
P.  Vincent,  unmarried,  dated  November  27,  1906 ;  and  deed  from  the 
Long  Meadow  Gun  Club,  dated  December  1,  1906;  both  recorded  in 
book  632  of  deeds,  page  104,  office  of  register  of  deeds,  Hennepin 
County. 

A  bridge  site  consisting  of  lots  20,  21,  22,  23,  and  part  of  lots  28 
and  32,  in  F.  Steele's  subdivision  of  lot  2,  section  21,  in  St.  Paul, 
Minn.,  was  acquired  as  follows: 

1.  Deed  from  Rosa  P.  Vincent,  widow,  dated  April  29,  1907.    Re- 
corded in  book  519  of  deeds,  page  567,  office  of  register  of  deeds, 
Ramsey  County. 

2.  Deed  from  Katherine  B.  Appleby,  widow,  dated  April  29,  1907. 
Recorded  in  book  519,  page  581,  of  same  records. 

3.  Deed  from  Caroline  H.  Addison  et  vir,  dated  April  29,  1907. 
Recorded  in  book  519,  page  566,  of  same  records. 

4.  Deed  from  Mary  C.  Morris,  widow,  dated  April  29,  1907.    Re- 
corded in  book  520,  page  101,  of  same  records. 

5.  Decree  of  United  States  district  court,  May  23,  1908.    Filed  in 
book  541  of  deeds,  page  193,  of  same  records. 

6.  Condemnation  proceedings  in  the  United  States  district  court, 
district  of  Minnesota,  in  re  easement  in  lands  in  the  county  of  Hen- 
nepin, for  bridge  purposes,  between  the  reservation  and  the  city  of 
St.  Paul,  on  the  right  of  way  of  the  Chicago,  Milwaukee  &  St.  Paul 
Railway  Co.    Decree  rendered  October  6, 1909,  and  filed  on  same  date 
in  office  of  clerk  of  said  court.    Recorded  in  book  123  of  Misc.,  p.  573, 
office  of  register  of  deeds,  Hennepin  County,  Minn. 

Easements. — Act  of  Congress  approved  June  20,  1878  (20  Stat, 
224),  provided  for  the  building  of  a  bridge  by  commissioners  au- 
thorized by  the  State  legislature  across  the  Mississippi  River  to  abut 
upon  the  reservation,  and  for  a  right  of  way  across  the  reservation 
to  said  bridge. 

The  Chicago,  Milwaukee  &  St.  Paul  Railway  Co.  occupies  a  right 
of  way  through  the  reservation,  which  occupancy  began  prior  to 
act  of  May  7,  1870  (act  which  authorized  settlement  with  Franklin 
Steele,  supra.) 

Revocable  licenses. — April  13,  1905,  to  the  Minneapolis  Street 
Railroad  Co.  for  an  electric  street  railway. 

January  25,  1907,  to  the  Twin  City  Rapid  Transit  Co.  to  con- 
struct, operate,  and  maintain  a  temporary  waiting  room. 

May  13,  1909,  to  the  Minneapolis  Street  Railway  Co.  to  construct 
an  extension  of  its  tracks  on  the  reservation. 


216  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

March  22,  1910,  to  the  Northwestern  Telephone  Exchange  Co.  to 
construct,  operate,  and  maintain  a  telephone  line. 

August  3,  1912,  to  the  St.  Paul  Chapter  of  the  Daughters  of  the 
American  Revolution  to  construct  and  maintain  a  boathouse  and 
boat  landing. 

March  31,  1914,  to  the  University  of  Minnesota  to  occupy  and  use 
a  portion  of  the  reservation  for  experimental  work  in  timber  cul- 
ture. 

August  4,  1914,  to  the  Minneapolis  Eod  and  Gun  Club  to  occupy 
and  use  a  portion  of  the  reservation  for  a  trap-shooting  range. 

August  24,  1915,  to  the  Twin  City  Rapid  Transit  Co.  to  construct 
an  extension  of  its  electric  railroad  along  the  northern  and  western 
boundaries  of  the  reservation. 

November  5  and  December  15,  1915,  to  the  Field  Artillery,  Or- 
ganized Militia  of  Minnesota,  to  use  in  connection  with  the  riding 
hall  one  of  the  stables  and  the  artillery  barracks. 

Jurisdiction. — See  "  General  act  of  cession." 


MISSISSIPPI. 

GENERAL  ACT  OF  CESSION. 

SECTION  2395.  The  governor  upon  application  made  to  him  in  writing  on  be- 
half of  the  United  States  for  the  purpose  of  acquiring  and  holding  lands,  or 
using  any  part  of  a  public  road  of  any  county  within  the  limits  of  this  state  for 
the  purpose  of  making,  building  or  constructing  levees,  canals  or  any  other 
works  in  connection  with  the  improvement  of  rivers  and  harbors,  or  as  a  site 
for  a  fort,  magazine,  arsenal,  dock  yard,  court  house,  custom  house,  light  house, 
post  office,  or  other  needful  building,  or  for  the  purpose  of  locating  and  main- 
taining national  military  parks,  or  for  any  other  public  works  or  purposes, 
accompanied  by  proper  evidence  of  the  purchase  of  such  lands,  or  the  consent 
of  the  board  of  supervisors  of  the  proper  county  for  such  public  roads  to  be 
used  for  said  purpose,  is  authorized  for  the  state  to  cede  jurisdiction  thereof 
to  the  United  States  for  the  purpose  of  the  cession  and  none  other.  (Section 
2395,  Annotated  Code  of  Mississippi,  1906,  embodying  section  2178  of  Code  of 
1892,  as  amended  in  1894,  in  1S9G,  and  by  chapter  67,  acts  of  1900.) 

2396.  The  concession  of  jurisdiction  to  the  United  States  over  any  part  of  the 
territory  of  the  state,  heretofore  or  hereafter  made,  shall  not  prevent  the  execu- 
tion on  such  land  of  any  process,  civil  or  criminal,  under  the  authority  of  this 
state,  nor  prevent  the  laws  of  this  state  from  operating  over  such  land ;  saving 
to  the  United  States  security  to  its  property  within  the  limits  of  the  jurisdicion 
ceded,  and  exemption  of  the  same,  and  of  such  land  from  taxation  under  the 
authority  of  this  state  during  the  continuance  of  the  cession.  (Section  2396, 
idem,  embodying  section  2179,  of  Code  of  1892.) 

CORINTH    NATIONAL   CEMETERY. 

This  reservation  is  situated  in  Corinth  in  Alcorn  County,  and  con- 
tains an  area  of  20  acres. 

Title. — 1.  Deed  from  Calvin  F.  Vance  and  wife  et  al.,  dated  Feb- 
ruary 1, 1868,  conveying  20  acres  of  land,  by  metes  and  bounds,  being 
a  portion  of  sec.  12,  T.  2,  E.  7,  E.,  etc.  Recorded  in  deed  book  B  B, 
page  351,  etc.,  of  the  deed  records  of  Tishomingo  County. 

2.  Deed  from  M.  A.  Mitchell,  dated  October  15,  1888,  conveying 
land  for  right  of  way.  Recorded  in  book  12,  page  490,  of  the  deed 
records  of  Alcorn  County. 


MISSISSIPPI.  217 

3.  Deed  from  the  city  of  Corinth,  dated  January  7,  1889,  convey- 
ing right  of  way,  etc.  Recorded  in  book  12,  page  560,  of  same 
records. 

Revocable  licenses. — December  11,  1912,  to  Adolphus  Huff  to  place, 
for  crossing  purposes,  an  iron  culvert  with  concrete  headers  in  the 
open  gutter  on  the  south  side  of  the  Government  approach  roadway 
in  front  of  his  place  of  business. 

September  18,  1914,  to  the  city  of  Corinth  to  lay  water  pipe  con- 
nections under  and  across  that  portion  of  the  Government  approach 
roadway  known  as  Penn  Street. 

March  30,  1912,  to  the  city  of  Corinth  to  lay  water  and  sewer 
pipe  connections  under  that  portion  of  the  Government  approach 
roadway  known  as  Wick  Street. 

August  12,  1915,  to  the  city  of  Corinth  to  lay  a  concrete  sidewalk 
along  the  Government  approach  roadway  on  the  east  and  west  sides 
of  Penn  Street  between  Wick  and  Meiggs  Streets  and  on  the  north 
side  of  Meiggs  Street  between  Penn  and  Cemetery  Streets. 

Jurisdiction. — Ceded  to  the  United  States  by  the  following  act 
of  the  State  legislature,  approved  February  12,  1875 : 

SECTION  1.  Be  it  enacted,  etc.,  That  exclusive  jurisdiction  be,  and  hereby  is, 
given  to  the  United  States  to  and  over  the  following  tracts  of  land  and  appurte- 
nances thereunto  belonging,  now  used,  and  occupied  as  National  Cemeteries  in 
this  State,  to  wit:  All  of  a  tract  or  parcel  of  land  situated  near  the  city  of 
Natchez,  in  the  county  of  Adams,  inclosed  by  a  brick  wall,  and  known  as  the 
Natchez  National  Cemetery ;  also,  all  of  a  tract  or  parcel  of  land  situated  on 
the  banks  of  the  Mississippi  river,  near  the  city  of  Vicksburg,  in  the  county  of 
Warren ;  said  tract  embraces  not  only  all  that  is  now  enclosed  by  a  brick  wall, 
but  also  a  strip  lying  between  the  southwest  side  of  said  wall  and  the  Missis- 
sippi river,  now  owned  by  the  United  States  and  occupied  for  purposes  afore- 
said, and  known  as  the  Vicksburg  National  Cemetery ;  also,  another  certain 
tract  of  land,  situated  near  the  city  of  Corinth,  in  the  county  of  Alcorn,  con- 
sisting of  twenty  acres  (more  or  less),  and  known  as  the  Corinth  National 
Cemetery ;  the  legal  title  to  said  several  parcels  of  land  being  now  in  the  United 
States  for  purposes  aforesaid. 

SEC.  2.  Be  it  further  enacted,  That  the  jurisdiction  hereby  ceded  to  the 
United  States  shall  extend  to  the  premises  aforesaid,  and  all  improvements  that 
are,  or  may  be  made  thereon  by  the  United  States,  shall  continue  so  long  as  said 
lands  shall  be  used  for  the  purpose  aforesaid,  the  same  to  be  free  and  exempt 
from  any  and  all  taxes  or  assessments  under  any  law  of  this  State,  or  munici- 
pal authority  thereof,  nor  shall  they  be  subject  to  levy  and  sale  by  any  process 
known  to  the  laws  of  this  State. 


NATCHEZ  NATIONAL  CEMETERY. 

This  reservation  is  situated  at  Natchez,  in  Adams  County,  and  con- 
tains an  area  of  11.07  acres. 

Title. — 1.  Deed  from  Margaret  Case  et  al.,  dated  January  31,  1867, 
conveying  11.07  acres.  Recorded  in  book  O  O,  page  408,  et  seq.,  of 
the  deed  records  of  Adams  County. 

2.  Deed  from  the  city  of  Natchez,  dated  October  11,  1886,  convey- 
ing rights  of  way,  etc.  Recorded  in  book  3  A,  page  398,  et  seq.,  of 
same  records. 

Revocable  licenses. — February  19,  1912,  to  the  Mississippi  Branch, 
King's  Daughters,  to  lay  a  water  pipe  across  and  along  the  Govern- 
ment approach  roadway. 


218  UNITED   STATES   MILITAEY   RESERVATIONS,  ETC. 

March  8,  1912,  to  E.  B.  Geddes  for  same  purpose. 
May  9,  1914,  to  Leo  E.  Moritz  for  same  purpose. 
Jurisdiction. — See  "Corinth  National  Cemetery." 

SHIP  ISLAND. 

This  reservation  is  situated  in  the  Gulf  of  Mexico,  near  the  coast 
of  Mississippi,  about  14  miles  from  Biloxi,  and  contains  about  1,350 
acres.  It  includes  that  part  of  Ship  Island  not  reserved  for  light- 
house purposes. 

Title. — As  a  part  of  the  public  domain  the  whole  island  was  re- 
served for  military  purposes  by  Executive  order  dated  August  30, 
1847 ;  but  by  Executive  order  of  July  7,  1852,  50  acres  at  the  extreme 
western  end  of  the  island  (including  Fort  Massachusetts)  were  set 
apart  for  lighthouse  purposes. 

Revocable  licenses. — February  28,  1880,  to  the  National  Board  of 
Health  to  occupy  a  portion  of  the  reservation. 

May  3,  1880,  to  the  National  Board  of  Health  to  occupy  a  portion 
of  the  ground  south  of  the  lagoon  for  the  care  of  passengers  not  sick 
but  removed  from  an  infected  ship. 

January  31,  1881,  to  the  Treasury  Department  to  occupy  vacant 
building  for  the  collector  of  customs. 

September  6, 1893,  to  the  Treasury  Department  to  occupy  the  "  Old 
Griffin  Building  "  for  the  deputy  collector  of  customs. 

May  26, 1900,  to  A.  Murdock  to  sink  and  maintain  an  artesian  well 
on  the  reservation. 

September  26, 1900,  to  A.  Murdock  to  erect  a  well  keeper's  house  on 
the  reservation. 

Jurisdiction. — Ceded  by  an  act  of  the  State  legislature  approved 
November  15,  1858,  which  provides  as  follows : 

SECTION  1.  Be  it  enacted,  etc.,  For  the  purpose  of  enabling  the  United  States  to 
carry  into  effect  an  Act  of  Congress  of  March  3,  1857,  providing  for  the  fortifica- 
tion of  Ship  Island,  Coast  of  Mississippi,  by  building  and  maintaining  such  forts, 
magazines,  arsenals,  dockyards,  wharves,  and  other  structures,  with  their  ap- 
pendages, as  may  be  necessary  for  the  object  aforesaid,  jurisdiction  is  hereby 
ceded  to  the  United  States -over  the  said  Ship  Island,  in  the  Gulf  of  Mexico, 
Coast  of  Mississippi,  to  include  all  of  said  Island  above  and  within  low-water 
mark,  and  over  all  the  contiguous  shores,  flats,  and  waters  within  seventeen 
hundred  and  sixty  yards  from  low-water  mark,  and  all  right,  title,  and  claim 
which  this  State  may  have  in  or  to  the  said  Ship  Island,  Coast  of  Mississippi, 
are  hereby  granted  to  the  United  States :  Provided,  That  this  State  shall  retain 
a  concurrent  jurisdiction  with  the  United  States  in  and  over  all  the  premises 
aforesaid  so  far  that  all  civil  process  and  such  criminal  process  as  may  issue  under 
the  authority  of  this  State  against  any  person  or  persons  charged  with  crimes 
committed  without  the  premises  aforesaid  may  be  executed  therein  in  the  same 
way  and  manner  as  if  jurisdiction  had  not  been  ceded  as  aforesaid. 

SEC.  2.  The  premises  over  which  jurisdiction  is  granted  by  this  act  and  all 
structures  and  other  property  thereon  shall  be  exonerated  and  discharged  from 
all  taxes  and  assessments  which  may  be  laid  or  imposed  under  the  authority  of 
this  State  while  said  premises  shall  remain  the  property  of  the  United  States  and 
shall  be  used  for  the  purposes  intended  by  this  act. 

VICKSBURG  NATIONAL  CEMETERY. 

This  reservation  is  situated  at  Vicksburg,  in  Warren  County,  and 
contains  an  area  of  40  acres  and  a  cemetery  roadway. 


MISSISSIPPI.  219 

Title. — 1.  Deed  from  Alvey  H.  Jaynes  and  wife,  dated  August  27, 
1866,  conveying  40  acres. 

2.  Deed  from  the  county  of  Warren,  dated  August  10,  1880,  con- 
veying right  of  way  from  the  city  of  Vicksburg  to  the  cemetery. 
Recorded  in  book  Y  Y,  page  433,  etc.,  of  the  deed  records  of  War- 
ren County. 

3.  Deed  from  Mary  A.  Wyman,  dated  September  1, 1887,  conveying 
a  right  of  way.    Recorded  in  book  No.  64,  page  393,  etc.,  of  same 
records. 

4.  Deed  from  William  M.  Voglespn,  dated  September  7,  1887,  con- 
veying a  right  of  way.     Recorded  in  book  No.  64,  page  392,  etc.,  of 
same  records. 

5.  Deed  from  John  B.  Mattingly,  dated  September  7,  1887,  con- 
veying a  right  of  way.    Recorded  in  book  No.  65,  page  139,  etc.,  of 
same  records. 

6.  Deed  from  George  M.  M.  Linn,  dated  September  26,  1887,  con- 
veying a  right  of  way.     Recorded  in  book  No.  65,  page  140,  etc.,  of 
same  records. 

7.  Deed  from  heirs  of  A.  H.  Arthur,  dated  January  10,  1888,  con- 
veying a  right  of  way.     Recorded  in  book  No.  65,  page  141,  etc.,  of 
same  records. 

8.  Deed  from  Thomas  Rigeley,  dated  May  4,  1888,  conveying  a 
right  of  way.     Recorded  in  book  No.  65,  page  143,  of  same  records. 

9.  Condemnation  of  property  for  right  of  way  by  Board  of  Super- 
visors v.  J.  O.  Linn  for  a  right  of  way  to  cemetery,  etc.     Recorded  in 
deed  book  No.  54,  page  225,  etc.,  of  same  records. 

The  roadway  described  in  the  foregoing  deeds  was  acquired 
through  the  board  of  supervisors  of  Warren  County,  who  derived 
their  authority  under  an  act  of  the  State  legislature  approved 
March  2,  1880.* 

Easement. — Permission  by  act  of  Congress,  approved  February 
21,  1911  (36  Stat,  926),  to  E.  J.  Bonner  and  S.  B.  Wilson  to  con- 
struct, operate,  and  maintain  an  electric  railway  over  the  National 
Cemetery  Road  under  regulations  to  be  prescribed  by  the  Secretary 
of  War,  the  right  also  being  reserved  to  him  under  said  act  to  revoke 
the  permission  granted  thereby  at  any  time.  Plans  and  specifications 
therefor  approved  and  regulations  prescribed  June  2,  1911. 

Jurisdiction. — See  "  Corinth  National  Cemetery." 

VICKSBURG  NATIONAL  MILITARY  PARK. 

This  reservation  is  situated  in  Warren  County,  and  was  acquired 
pursuant  to  act  of  Congress  approved  February  21,  1899  (30  Stat., 
841),  for  the  purpose  of  commemorating  the  campaign  and  siege  and 
defense  of  Vicksburg.  It  contains  1,324.21  acres,  more  or  less. 

Title.— \..  Deed  from  Katherine  Ruffin,  dated  October  18,  1899, 
conveying  5.6  acres.  Recorded  in  book  92,  page  176,  of  the  records  of 
Warren  County. 

2.  Deed  from  Simpy  Gadson,  dated  October  18,  1899,  conveying 
2  acres.    Recorded  in  book  92,  page  178,  of  same  records. 

3.  Deed  from  Sarah  J.  Mosby  et  al.,  dated  October  20,  1899,  con- 
veying 5.6  acres.    Recorded  in  book  92,  page  177,  of  same  records. 


220  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

4.  Deed  from  John  B.  Reid  et  al.,  dated  October  24,  1899,  convey- 
ing 7.9  acres.    Recorded  in  book  92,  page  179,  of  same  records. 

5.  Deed  from  Henry  L.  Mayer,  dated  October  26,  1899,  conveying 
5.5  acres.    Recorded  in  book  92,  page  188,  of  same  records. 

6.  Deed  from  Jeff  Turner  and  wife,  dated  October  27,  1899.  con- 
veying 0.7  acre.     Recorded  in  book  92,  page  202  et  seq.,  of  same 
records. 

7.  Deed  from  W.  A.  Claver  and  wife,  dated  November  2,  1899, 
conveying  7  acres.    Recorded  in  book  92,  page  181,  of  same  records. 

8.  Deed  from  Emma  E.  Barstow  and  husband,  dated  November  3, 
1899,  conveying  7.3  acres.    Recorded  in  book  92,  page  175,  of  same 
records. 

9.  Deed  from  Marcia  A.  Hanley  and  husband,  dated  November  7, 
1899,  conveying  33.6  acres.    Recorded  in  book  92,  page  182,  of  same 
records. 

10.  Deed  from  Martha  A.  Pinkston,  dated  November  8,  1899,  con- 
veying 13.3  acres  with  certain  reservations.     Recorded  in  book  92, 
page  189  et  seq.,  of  same  records. 

11.  Deed  from  M.  E.  R,  Hughes  et  al.,  dated  November  10,  1899, 
conveying  2.8  acres.    Recorded  in  book  92,  page  180,  of  same  records. 

12.  Deed  from  Casimir  Tag,  dated  November  10,  1899,  conveying 
23.6  acres.    Recorded  in  book  92,  page  185,  of  same  records. 

13.  Deed  from  Lewis  Johnson  and  wife,  dated  November  11,  1899, 
conveying  3.8  acres.    Recorded  in  book  92,  page  187  et  seq.,  of  same 
records. 

14.  Deed  from  Richard  Coleman  and  wife,  dated  November  11, 
1899,  conveying  5.3  acres.    Recorded  in  book  92,  page  190  et  seq.,  of 
same  records. 

15.  Deed  from  John  Kennare  et  al.,  dated  November  13,  1899,  con- 
veying 16.2  acres  with  certain  reservations.     Recorded  in  book  92, 
page  183,  of  same  records. 

16.  Deed  from  James  H.  Hill,  dated  November  14,  1899,  conveying 
0.05  acre.    Recorded  in  book  92,  page  249  et  seq.,  of  same  records. 

17.  Deed  from  William  J.  Henry,  dated  November  14,  1899,  con- 
veying 6.3  acres.     Recorded  in  book  93,  page  199  et  seq.,  of  same 
records. 

18.  Deed  from  George  Just,  dated  November  16,  1899,  conveying 
132  acres  with  certain  reservations.    Recorded  in  book  92,  page*  199 
et  seq.,  of  same  records. 

19.  Deed  from  Charles  O'Connor,  dated  November  16,  1899,  con- 
veying 3.7  acres.     Recorded  in  book  92,  page  201  et  seq.,  of  same 
records. 

20.  Deed  from  Mary  Shaw,  dated  November  16,  1899,  conveying  1 
acre.    Recorded  in  book  92,  page  201,  of  same  records. 

21.  Deed  of  S.  Sorsby  Booth  et  al.,  dated  November  17,  1899, 
conveying  51.6  acres.    Recorded  in  book  92,  page  243  et  seq.,  of  same 
records. 

22.  Deed  from  J.  G.  Tichenor,  dated  November  20,  1899,  conveying 

1  acre.    Recorded  in  book  92.  page  239,  of  same  records. 

23.  Deed  from  John  Coleman,  dated  November  21,  1899,  conveying 

2  acres,  with  certain  reservations.    Recorded  in  book  92,  page  237, 
of  same  records. 


MISSISSIPPI.  221 

24.  Deed  from  Jos.  N.  Ring  et  al.,  dated  November  21,  1899,  con- 
veying 32.2  acres,  with  certain  reservations.    Recorded  in  book  92, 
page  238,  of  same  records. 

25.  Deed  from  Marcella  H.  Smith,  dated  December  11,  1899,  con- 
veying 52.8  acres.    Recorded  in  book  93,  page  202  et  seq.,  of  same 
records. 

26.  Deed  from  Francis  C.  Abbott,  dated  December  13,  1899,  con- 
veying 29.8  acres  with  certain  reservations.     Recorded  in  book  92, 
page  251,  of  same  records. 

27.  Deed  from  John  B.  Smith,  dated  December  13,  1899,  conveying 
18  acres.    Recorded  in  book  93,  page  203  et  seq.,  of  same  records. 

28.  Deed  from  Maggie  D.  Monroe  et  al.,  dated  December  13,  1899, 
conveying  28.3  acres.    Recorded  in  book  93,  page  252  et  seq.,  of  same 
records. 

29.  Deed  from  Maggie  D.  Monroe,  dated  December  13,  1899,  con- 
veying 29.5  acres.    Recorded  in  book  92,  page  254  et  seq.,  of  same 
records. 

30.  Deed  from  Chas.  B.  Galloway,  dated  December  15,  1899,  con- 
veying 48.3  acres.    Recorded  in  book  92,  page  240  et  seq.,  of  same 
records. 

31.  Deed  from  Elizabeth  L.  Cook  and  husband,  dated  December 
16,  1899,  conveying  5.2  acres.    Recorded  in  book  93,  page  201  et  seq., 
of  same  records. 

32.  Deed  from  Sarah  Middleton,  dated  December  16,  1899,  con- 
veying 7.3  acres.    Recorded  in  book  93,  page  267,  of  same  records. 

33.  Deed  from  Robert  Walton  and  wife,  dated  December  21,  1899, 
conveying  29.2  acres  with  certain  reservations.     Recorded  in  book 
92,  page  255  et  seq.,  of  same  records. 

34.  Deed  from  Alice  S.  Eaton,  dated  December  23,  1899,  conveying 
60.7  acres  with  certain  reservations.    Recorded  in  book  92,  page  247 
et  seq.,  of  same  records. 

35.  Deed  from  Elizabeth  Hebron  and  husband,  dated  December  25, 
1899,  conveying  6.4  acres.     Recorded  in  book  93,  page  259  et  seq., 
of  same  records. 

36.  Deed  from  J.  G.  Ferguson,  dated  December  26,  1899,  convey- 
ing 30.8  acres.    Recorded  in  book  92,  page  256,  of  same  records. 

37.  Deed  from  J.  Dornbusch,  dated  December  26,  1899,  conveying 
2.3  acres.    Recorded  in  book  92,  page  262,  of  same  records. 

38.  Deed  from  Helen  J.  King  and  husband  et  al.,  dated  December 
27,  1899,  conveying  27.8  acres.    Recorded  in  book  93,  page  197  et  seq., 
of  same  records. 

39.  Deed  from  Matilda  Glover  et  al.,  dated  December  27,  1899, 
conveying  1.2  acres.    Recorded  in  book  93,  page  251  et  seq.,  of  same 
records. 

40.  Deed  from  Eva  B.  Brabston,  dated  December  30,  1899,  con- 
veying 0.4  acre.    Recorded  in  book  92,  page  242,  of  same  records. 

41.  Deed  from  W.  A.  Thomas  et  al.,  dated  January  2,  1900,  con- 
veying 33.3  acres  with  certain  reservations.     Recorded  in  book  93, 
page  250  et  seq.,  of  same  records. 

42.  Decree  of  condemnation  for  4.7  acres,  in  case  No.  137,  The 
United  States  v.  Olive  R,  Smedes  et  al.,  in  the  Circuit  Court  of  the 
United  States  for  the  Western  Division  of  the  Southern  District  of 
Mississippi.     Rendered  January  3,  1900,  and  recorded  in  book  92, 
page  272,  of  same  records. 


222  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

43.  Decree  of  condemnation  for  29.6  acres,  in  case  141,  The  United 
States  v.  Mattie  Shewalter  et  al.,  in  the  Circuit  Court  of  the  United 
States  for  the  Western  Division  of  the  Southern  District  of  Missis- 
sippi.   Rendered  January  3,  1900,  and  recorded  in  book  92,  page  282, 
of  same  records. 

44.  Decree  of  condemnation  for  3.4  acres,  in  case  143,  The  United 
States  v.  Charles  Reynolds  et  al.,  in  the  Circuit  Court  of  the  United 
States  for  the  Western  Division  of  the  Southern  District  of  Missis- 
sippi.   Rendered  January  3,  1900,  and  recorded  in  book  92,  page  295, 
of  same  records. 

45.  Decree  of  condemnation  for  1.8  acres,  in  case  138,  The  United 
States  v.  Emma  A.  Lanier  et  al.,  in  the  Circuit  Court  of  the  United 
States  for  the  Western  Division  of  the  Southern  District  of  Missis- 
sippi.   Rendered  January  5, 1900,  and  recorded  in  book  92,  page  265, 
of  same  records. 

46.  Decree  of  condemnation  for  11.4  acres,  in  case  142,  The  United 
States  v.  Clara  Klineman  et  al.,  in  the  Circuit  Court  of  the  United 
States  for  the  Western  Division  of  the  Southern  District  of  Missis- 
sippi.   Rendered  January  5, 1900,  and  recorded  in  Book  92,  page  288, 
of  same  records. 

47.  Decree  of  condemnation  for  25.7  acres,  in  case  139,  The  United 
States  v.  W.  V.  Logue  et  al.,  in  the  Circuit  Court  of  the  United 
States  for  the  Western  Division  of  the  Southern  District  of  Missis- 
sippi.   Rendered  January  5,  1900,  and  recorded  in  book  92,  page  283, 
of  same  records. 

48.  Deed  from  the  Refuge  Oil  Mill  Co.,  dated  Janaury  15,  1900, 
conveying  1.3  acres.    Recorded  in  book  92,  page  248  et  seq.,  of  same 
records. 

49.  Deed  from  F.  M.  Logue,  jr.,  and  wife,  dated  January  15,  1900, 
conveying  41.2  acres.     Recorded  in  book  93,  page  354  et  seq.,  of 
same  records. 

50.  Deed  from  the  Congregation  Anshe  Chesed,  dated  January  23, 
1900,  conveying  19.5  acres  with  certain  reservations.     Recorded  in 
book  92,  page  261,  of  same  records. 

51.  Deed  from  Thomasene  H.  Woolsey  et  al.,  dated  January  24, 
1900,  conveying  3.7  acres.    Recorded  in  book  93,  page  268  et  seq.,  of 
same  records. 

52.  Deed  from  Vicksburg  Tabernacle  No.  19,  Grand  Union  Order 
of  Brothers  and  Sisters  of  Love  and  Charity,  dated  January  29, 1900, 
conveying  80.1  acres.    Recorded  in  book  93,  page  293,  of  same  records. 
Also  decree  of  condemnation  for  a  portion  of  same  premises,  in  case 
140,  The  United  States  v.  Irene  Bowman  et  al.,  in  the  Circuit  Court 
of  the  United  States  for  the  Western  Division  of  the  Southern  Dis- 
trict of  Mississippi.    Rendered  January  3, 1900,  and  recorded  in  book 
92,  page  294  et  seq.,  of  same  records. 

53.  Deed  from  S.  V.  Strong,  dated  February  19,  1900,  conveying 
2  acres  with  certain  reservations.    Recorded  in  book  93,  page  334,  o? 
same  records. 

54.  Deed  from  T.  H.  Cook  and  wife,  dated  April  12,  1900,  con- 
veying 61.2  acres.    Recorded  in  book  93,  page  332,  of  same  records. 

55.  Deed  from  Martha  Giles  and  husband,  dated  April  14,  1900, 
conveying  8.1  acres.    Recorded  in  book  92,  page  346  et  seq.,  of  same 
records. 


MISSISSIPPI.  223 

56.  Deed  from  Emma  E.  Barstow  and  husband,  dated  ^pril  23, 
1900,  conveying  1.9  acres.     Recorded  in  book  92,  page  347,  of  same 
records. 

57.  Deed  from  Louis  Hunt  et  al.,  dated  April  25, 1900,  conveying  1.1 
acres.     Recorded  in  book  93,  page  335,  of  same  records. 

58.  Deed  from  C.  A.  Williams  et  al.,  dated  May  8,  1900,  conveying 
0.2  acre.     Recorded  in  book  92,  page  349  et  seq.,  of  same  records. 

59.  Deed  from  Fred  Buckel,  dated  July  2,  1900,  conveying  2.6 
acres  with  certain  reservations.     Recorded  in  book  92,  page  348,  of 
same  records. 

60.  Deed  from  T.  J.  Hossley  et  al.,  dated  July  3,  1900,  convening 
4.6  acres.     Recorded  in  book  96,  page  89,  of  same  records. 

61.  Deed  from  Lewis  Johnson  and  wife,  dated  July  16,  1900,  con- 
veying 4.1  acres.     Recorded  in  book  92,  page  491,  of  same  records. 

62.  Deed  from  Alex  Terrell  and  wife,  dated  July  26,  1900.  convey- 
ing 3.4  acres.     Recorded  in  book  95,  page  65,  of  same  records. 

63.  Deed  from  Eva  B.  Brabston,  dated  July  26,  1900,  conveying 
15.6  acres.     Recorded  in  book  96,  page  91,  of  same  records. 

64.  Deed  from  Mary  A.  B.  Rigby,  dated  July  28,  1900,  conveying 
0.1  acre.     Recorded  in  book  96,  page  70,  of  same  records. 

65.  Deed  from  Emma  E.  Barstow  and  husband,  dated  July  28, 1900, 
conveying  5.57  acres.     Recorded  in  book  96,  page  15  et  seq.,  of  same 
records. 

66.  Deed  from  Emma  E.  Barstow  et  al.,  dated  July  31,  1900,  con- 
veying 1.8  acres.     Recorded  in  book  95,  page  85  et  seq.,  of  same 
records. 

67.  Deed  from  Belle  C.  Smith  and  husband,  dated  August  1,  1900, 
conveying  33.1  acres.     Recorded  in  book  95,  page  77  et  seq.,  of  same 
records. 

68.  Deed  from  Charlie  Jones  and  wife,  dated  August  2,  1900,  con- 
veying 0.01  acre.     Recorded  in  book  95,  page  76,  of  same  records. 

69.  Deed  from  Maggie  Murphy  and  husband,  dated  August  2, 1900, 
conveying  0.02  acre.     Recorded  in  book  95,  page  88  et  seq.,  of  same 
records. 

70.  Deed  from  Eliza  McClelland  and  husband,  dated  August  2, 
1900,  conveying  0.01  acre.     Recorded  in  book  95,  page  89,  of  same 
records. 

71.  Deed  from  Louvinia  Ernest  and  husband,  dated  August  2. 1900, 
conveying  0.1  acre.     Recorded  in  book  95,  page  90,  of  same  records. 

72.  Deed  from  Vinie  Bowie  and  husband,  dated  August  2,  1900, 
conveying  0.01  acre.     Recorded  in  book  95,  page  90,  of  same  records. 

73.  *Deed  from  Frances  McClelland,  dated  August  2,  1900.  convey- 
ing 0.02  acre.     Recorded  in  book  95,  page  92,  of  same  records. 

74.  Deed  from  Malinda  Henry  and  husband,  dated  August  2,  1900, 
conveying  0.05  acre.     Recorded  in  book  95,  page  93  et  seq.,  of  same 
records. 

75.  Deed  from  Lucy  Gaines,  dated  August  2,  1900,  conveying  0.01 
acre.     Recorded  in  book  96,  page  74,  of  same  records. 

76.  Deed  from  William  Green  and  wife,  dated  August  2,  1900,  con- 
veying 0.7  acre.     Recorded  in  book  96,  page  79,  of  same  records. 

77.  Deed  from  Minerva  Jones  and  husband,  dated  August  2,  1900, 
conveying  0.06  acre.     Recorded  in  book  96,  page  80  et  seq.,  of  same 
records. 

12925°— 16 15 


224  UNITED   STATES    MILITARY    RESERVATIONS,  ETC. 

78.  Deed  from  Ophelia  McGee,  dated  August  3,  1900,  conveying 

5.2  acres.     Recorded  in  book  95,  page  75,  et  seq.,  of  same  records. 

79.  Deed  from  William  Murphy  et  al.,  dated  August  3,  1900,  con- 
veying 2.1  acres.     Recorded  in  book  95,  page  83  et  seq.,  of  same 
records. 

80.  Deed  from  Peter  Walton  et  al.,  dated  August  3,  1900,  convey- 
ing 1.6  acres.     Recorded  in  book  96,  page  94,  et  seq.,  of  same  records. 

81.  Deed  from  Mary  E.  Hughes  and  Thomasene  H.  Woolsey,  dated 
August  4, 1900,  conveying  11.01  acres.     Recorded  in  book  95,  page  69, 
of  same  records. 

82.  Deed  from  Laura  J.  Mackey  and  husband,  dated  August  4, 
1900,  conveying  2.2  acres.     Recorded  in  book  95,  page  82,  et  seq.,  of 
same  records. 

83.  Deed  from  Dick  Thompson  and  wife,  dated  August  4,  1900, 
conveying  0.01  acre.     Recorded  in  book  95,  page  91,  of  same  records. 

84.  Deed  from  Maggie  D.  Monroe,  dated  August  4, 1900,  conveying 
0.4  acre.     Recorded  in  book  96,  page  17,  of  same  records. 

85.  Deed  from  M.  J.  Hennessey,  dated  August  6,  1900,  conveying 
0.04  acre.     Recorded  in  book  95,  page  84,  et  seq.,  of  same  records. 

86.  Deed  from  John  White  and  Mattie  White,  dated  August  7, 
1900,  conveying  0.1  acre.     Recorded  in  book  96,  page  72,  of  same 
records. 

87.  Deed  from  Dick  Thompson  and  wife,  dated  August  8,  1900, 
conveying  0.1  acre.     Recorded  in  book  96,  page  68  et  seq.,  of  same 
records. 

88.  Deed  from  Julia  G.  Lee,  dated  August  8,  1900,  conveying  1.6 
acres.     Recorded  in  book  96,  page  69,  of  same  records. 

89.  Deed  from  Robert  Countryman,  dated  August  11, 1900,  convey- 
ing 1.6  acres.     Recorded  in  Book  96,  page  101,  of  same  records. 

90.  Deed  from  Jane  Currie  et  al.,  dated  August  11,  1900,  convey- 
ing 1.6  acres.     Recorded  in  book  96,  page  102  et  seq.,  of  same  records. 

91.  Deed  from  Henry  H.  Lee  and  William  J.  Henry,  dated  August 
15,  1900,  conveying  0.5  acre.     Recorded  in  book  96,  page  71,  of  same 
records. 

92.  Deed  from  Lewis  A.  Moss,  dated  August  15,  1900,  conveying 
0.25  acre.     Recorded  in  book  95,  page  80  et  seq.,  of  same  records. 

93.  Deed  from  Isadora  Countryman,  dated  August  15,  1900,  con- 
veying 1.3  acres.     Recorded  in  book  96,  page  101,  of  same  records. 

94.  Deed  from  Katherine  Ruffin,  dated  August  16,  1900,  conveying 
1.9  acres.     Recorded  in  book  95,  page  66,  of  same  records. 

95.  Deed  from  Jas.  H.  Walsh,  dated  August  17,  1900,  conveying 

2.3  acres.     Recorded  in  Book  96,  page  67,  of  same  records. 

96.  Deed  from  Jenny  Henry,  dated  August  17,  1900,  conveying  6.3 
acres.     Recorded  in  book  96,  page  73,  of  same  records. 

97.  Deed  from  Ann  E.  Cotton,  dated  August  17,  1900,  conveying 
0.8  acre.     Recorded  in  book  96,  page  78,  of  same  records. 

98.  Deed  from  Lettie  M.  Wilson,  dated  August  18,  1900,  conveying 
7  acres.    Recorded  in  book  96,  page  97,  of  same  records. 

99.  Deed  from  Annie  Rickson,  dated  August  21,  1900,  conveying 
0.1  acre.    Recorded  in  book  95,  page  81  et  seq.,  of  same  records. 

100.  Deed  from  H.  M.  Osborn.  dated  August  22,  1900,  conveying 
0.02  acre.    Recorded  in  book  95,  page  87  et  seq.,  of  same  records. 

101.  Deed  from  Archie  Quitman,  dated  September  5,  1900,  convey- 
ing 0.02  acre.    Title  acquired  from  W.  J.  Buell,  No.  Ill,  infra. 


MISSISSIPPI.  225 

102.  Deed  from  Chas.  B.  Galloway,  dated  September  7,  i^OO,  con- 
veying 0.9  acre.    Recorded  in  book  96,  page  81,  of  same  records. 

103.  Deed  from  the  supervisors  of  Warren  County,  dated  Septem- 
ber 12,  1900,  conveying  0.3  acre.    Recorded  in  book  95,  page  68,  of 
same  records. 

104.  Deed  from  Amanda  A.  Vogleson  and  Amelia  V.  Little,  dated 
October  16, 1900,  conveying  3.5  acres.    Recorded  in  book  96,  page  504, 
of  same  records. 

105.  Deed  from  T.  L.  Tate,  dated  December  15,  1900,  conveying 
0.02  acre.    Recorded  in  book  96,  page  104  et  seq.,  of  same  records. 

106.  Deed  from  Casimir  Tag,  dated  December  28,  1900,  conv^ing 
2  acres.    Recorded  in  book  96,  page  95  et  seq.,  of  same  records. 

107.  Deed  from  Mary  E.  Hughes  and  Thomasene  H.  Woolsey, 
dated  January  8,  1901,  conveying  4.9  acres.     Recorded  in  book  95, 
page  101  et  seq.,  of  same  records. 

108.  Decree  of  condemnation  for  5.9  acres,  in  case  The  United 
States  v.  James  C.  Wright  et  al.,  in  the  Circuit  Court  of  the  United 
States  for  the  Southern  District  of  Mississippi.     Rendered  in  the 
January  term,  1901,  and  recorded  in  book  95,  page  500,  of  same 
records. 

109.  Decree  of  condemnation  for  0.2  acre,  in  case  The  United 
States  v.  Lillie  Hodge  et  al.,  in  the  Circuit  Court  of  the  United 
States  for  the  Southern  District  of  Mississippi.     Rendered  in  the 
January  term,  1901,  and  recorded  in  book  96,  page  502,  of  same 
records. 

110.  Deed  from  Henry  L.  Mayer,  dated  February  21,  1901,  con- 
veying 1.2  acres.    Recorded  in  book  95,  page  115,  of  same  records. 

111.  Deed  from  W.  J.  Buell.  dated  March  13,  1901,  conveying  0.02 
acre.    Recorded  in  book  96,  page  503,  of  same  records. 

112.  Deed  from  W.  A.  Claver  and  wife,  dated  October  1,  1902, 
conveying  6.97  acres.    Recorded  in  book  99,  page  409  et  seq.,  of  same 
records. 

113.  Deed  from  J.  W.  King  et  al.,  dated  January  14,  1903,  con- 
veying 5.02  acres.    Recorded  in  book  101,  page  282,  of  same  records. 

114.  Deed  from  Mrs.  Sarah  J.  Mosby  et  al.,  dated  October  17, 
1903,  conveying  two  tracts,  aggregating  16.63  acres.     Recorded  in 
book  100,  page  398,  of  same  records. 

115.  Deed  from  Jennie  Henry,  dated  July,  1904,  conveying  1.29 
acres.    Recorded  in  book  103,  page  154,  of  same  records. 

116.  Deed  from  Vicksburg  Battlefield  Commission  of  Pennsylvania, 
dated  March  17,  1905,  conveying  2.59  acres,  for  Pennsylvania  memo- 
rial.   Recorded  in  book  107,  page  21  et  seq.,  of  same  records. 

117.  Deed  from  Katharine  Ruffin,  dated  November  23,  1905,  con- 
veying 0.72  acre,  more  or  less.    Recorded  in  book  107,  page  178,  of 
same  records. 

118.  Deed  from  F.  M.  Logue,  dated  November  25,  1905,  conveying 
9.46  acres,  more  or  less.    Recorded  in  book  107,  page  221  et  seq.,  of 
same  records. 

119.  Deed  from  W.  H.  McGee  et  al.,  dated  July  16,  1904,  con- 
veying 17.9  acres.    Recorded  in  book  109,  page  94,  of  same  records. 

120.  Deed  from  F.  M.  Logue,  dated  August  9,  1906,  conveying  two 
parcels  of  land,  aggregating  5.23  acres.    Recorded  in  book  109,  page 
144,  of  same  records. 


226  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

121.  Deed  from  Kimball  F.  Ferguson,  dated  December  10,  1909, 
conveying  5.23  acres.    Recorded  in  book  117,  page  81,  of  same  records. 

122.  Deed  from  Amanda  A.  Vogleson  and  Amelia  V.  Little,  dated 
November  18,  1910,  conveying  21.41  acres,  more  or  less.    Recorded  in 
book  118,  page  362,  of  same  records. 

123.  Decree  of  the  Circuit  Court  of  the  United  States  of  the  West- 
ern Division  of  the  Southern  District  of  Mississippi,  rendered  Janu- 
ary 2, 1911,  in  case  of  United  States  v.  Emma  A.  Lanier  et  al.,  cover- 
ing 1.01  acres,  more  or  less.    Recorded  in  book  118,  page  557.  of  same 
records.     Also  quitclaim  deed  from  Annie  Laura  Ferguson,  dated 
July  15,  1911,  to  same  premises.    Recorded  in  book  118,  page  577,  of 
same  records. 

124.  Decree  of  the  Circuit  Court  of  the  United  States  of  the  West- 
ern Division  of  the  Southern  District  of  Mississippi,  rendered  Janu- 
ary 2,  1911,  in  case  of  the  United  States  v.  Joseph  W.  Ring  et  al., 
covering  3.64  acres,  more  or  less.    Recorded  in  book  118.  page  556,  of 
same  records. 

125.  Decree  of  the  Circuit  Court  of  the  United  States  of  the  West- 
ern Division  of  the  Southern  District  of  Mississippi,  rendered  Janu- 
ary 9,  1912,  in  case  of  the  United  States  v.  Catherine  Walton  et  al., 
covering  9.6  acres,  more  or  less.    Recorded  in  book  121,  page  489,  of 
same  records. 

126.  Deed  from  Horace  M.  Marshall,  dated  April  30,  1914,  convey- 
ing 0.49  acre,  more  or  less.    Recorded  in  book  132,  page  63,  of  the 
same  records.     Also  quitclaim  deed  from  Elizabeth  Tanner,  dated 
June  22,  1914,  to  same  premises.     Recorded  in  same  book  and  on 
same  page  of  same  records. 

Jurisdiction. — Jurisdiction  over  entire  tract,  1  to  113.  ante,  ceded  by 
four  proclamations  of  the  Governor  of  Mississippi,  dated  June  28,1901, 
January  25, 1902,  September  23, 1903,  and  one  without  date ;  over  tracts 
114, 115,  and  116,  ante,  by  Governor's  deed  of  June  30, 1905 ;  over  tracts 
117, 118,  and  119,  ante,  by  Governor's  deed  of  July  26. 1906 ;  over  tract 
120,  ante,  by  Governor's  deed  of  September  14,  1906;  and  over  tracts 
121  to  125,  ante,  by  Governor's  deed  of  February  29,  1912.  Jurisdic- 
tion over  the  Old  Yazoo  City  public  road  (now  known  as  Road  No.  81) , 
extending  from  the  point  on  said  road  where  Confederate  Avenue 
begins  to  the  north  end  of  the  bridge  over  Glass  Bayou,  as  specified 
in  resolution  of  the  board  of  supervisors  of  Warren  County,  adopted 
December  6,  1905,  which  resolution  authorized  the  United  States  to 
enter  upon  and  use  the  same  for  purposes  of  the  park,  reded  by 
Governor's  deed  of  January  18,  1906.  Jurisdiction  over  this  road 
from  its  junction  wdth  Confederate  Avenue  to  its  junction  with  Union 
Avenue,  as  authorized  to  be  occupied  by  resolution  of  said  board  of 
supervisors,  adopted  December  5,  1906,  ceded  by  Governor's  deed  of 
January  23,  1907.  (See  "General  act  of  cession"  for  authority  for 
these  deeds.) 

MISSOURI. 

ARCADIA  TARGET  RANGE. 

This  reservation  is  situated  about  2^  miles  from  the  railroad  sta- 
tion at  Arcadia,  in  Iron  County,  and  about  80  miles  from  Jefferson 
Barracks,  and  contains  an  area  of  1,275  acres.  See  G.  O.  66,  A.  G.  O., 
April  11, 1899. 


MISSOURI.  227 

Title— 1.  Deed  from  H.  E.  Holland,  dated  December^23,  1895, 
conveying  80  acres.  Recorded  in  book  40,  page  603,  of  the  records  of 
Iron  County. 

2.  Guardian's  deed  from  H.  R.  Holland,  guardian,  etc.,  dated  May 
16,  1898,  conveying  same  tract.    Recorded  in  book  42,  page  563,  of 
same  records. 

3.  Deed  from  Franklin  Sutton  and  wife  et  al.,  dated  December  23, 

1895,  conveying  80  acres.    Recorded  in  book  40,  page  597,  of  same 
records. 

4.  Deed  from  John  Walter  and  wife,  dated  December  23,  1895, 
conveying  160  acres.    Recorded  in  book  40,  page  607,  of  same  records. 

5.  Deed  from  Walter  H.  Fisher  and  wife  et  al.,  dated  December 
23,  1895,  conveying  156  acres.     Recorded  in  book  40,  page  604,  of 
same  records. 

6.  Deed  from  Azariah  Martin  and  wife,  dated  December  23,  1895, 
conveying  46  acres.    Recorded  in  book  40,  page  605,  of  same  records. 

7.  Deed  from  Elizabeth  D.  Sutton  et  al.,  dated  December  30,  1895, 
conveying  90  acres.    Recorded  in  book  40,  page  598,  of  same  records. 

8.  Guardian's  deeds  (four  in  number)  from  W.  T.  Gray,  curator, 
etc.,  dated  March  8,  1898,  conveying  same  tract.    Recorded  in  book 
42,  pages  568,  570  to  574,  of  same  records. 

9.  Deed  from  Achillis  K.  Sutton  and  wife,  dated  January  13, 

1896,  conveying  80  acres.    Recorded  in  book  40,  page  594,  of  same 
records. 

10.  Deed  from  Francis  Dike  and  wife,  dated  February  1,  1896, 
conveying  80  acres.     Recorded  in  book  42,  page  575,  etc»,  of  same 
records. 

11.  Deed  from  Malinda  Bird,  dated  April  2,  1896,  conveying  20 
acres.    Recorded  in  book  40,  page  601,  of  same  records. 

12.  Guardian's  deed  from  W.  T.  Gray,  curator,  etc.,  dated  March 
10,  1898,  conveying  same  tract.    Recorded  in  book  42,  page  561,  of 
same  records. 

13.  Deed  from  Henry  Hutchens,  dated  January  28,  1898,  convey- 
ing 23  acres.    Recorded  in  book  40,  page  606,  of  same  records. 

14.  Deed  frpm  I.  G.  Whitworth,  dated  January  31,  1898,  convey- 
ing 40  acres.    Recorded  in  book  40,  page  590,  of  same  records. 

15.  Deed  from  Wm.  Henson  and  wife,  dated  March  10,  1898,  con- 
veying 80  acres.    Recorded  in  book  40,  page  600,  of  same  records. 

16.  Deed  from  J.  W.  Emerson  and  wife,  dated  March  10, 1898,  con- 
veying 50  acres.    Recorded  in  book  42,  page  559,  of  same  records. 

17.  Deed  from  James  Dixon,  dated  March  17,  1898,  conveying  80 
acres.    Recorded  in  book  40,  page  595,  of  same  records. 

18.  Deed  from  William  Henson  and  wife,  dated  March  28,  1898, 
conveying  10  acres.    Recorded  in  book  40,  page  602,  of  same  records. 

19.  Deed  from  Franklin  Sutton  and  wife  et  al.,  dated  March  28, 
1898,  conveying  40  acres.     Recorded  in  book  40,  page  599,  of  same 
records. 

20.  Deed  from  Lillie  E.  Barnes  and  husband,  dated  June  9,  1898, 
conveying  80  acres.    Recorded  in  book  40,  page  608,  of  same  records. 

21.  Executive  order,  dated  September  19, 1898,  reserving  from  sale 
and  setting  apart  160  acres. 


228  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

JEFFERSON  BARRACKS. 

This  reservation  is  situated  in  South  St.  Louis  on  the  Mississippi 
River,  10  miles  from  St.  Louis,  in  St.  Louis  County,  and  contains  an 
area  of  1,260.91  acres,  with  metes  and  bounds  as  announced  in  G.  O. 
12,  W.  D.,  January  15,  1908. 

Title.— I.  Deed  from  the  inhabitants  of  Carondelet,  dated  July  8, 
1826,  conveying  part  of  "  Carondelet  Common."  Recorded  in  book  N, 
page  113,  of  the  deed  records  of  St.  Louis  County. 

2.  Quitclaim  deed  from  the  city  of  Carondelet,  dated  October  25, 
1854,  conveying  by  metes  and  bounds  a  portion  of  the  common  of  said 
city,  containing  1,702  acres,  more  or  less.    Recorded  in  book  160,  page, 
130,  of  same  records. 

3.  Quitclaim  deed  from  Charles  Blank  et  al.,  dated  July  IT,  1890, 
conveying  0.7  acre,  etc.     Recorded  in  book  49,  page  54,  of  same 
records. 

The  area  as  originally  acquired  was  reduced  by  act  of  Congress, 
approved  July  23,  1894  (28  Stat.  991),  to  the  present  area.  The 
reservation  includes  the  St.  Louis  powder  depot  and  the  Jefferson 
Barracks  National  Cemetery. 

Easement. — Act  of  Congress,  approved  February  14, 1853  (10  Stat., 
754),  granted  a  right  of  way  to  the  St.  Louis  &  Iron  Mountain  Rail- 
road through  the  grounds  of  the  St.  Louis  Arsenal  and  Jefferson 
Barracks;  this  act  was  amended  by  act  approved  July  14,  1856.  (11 
Stat.,  452.)  Act  approved  July  25,  1868  (15  Stat.,  187),  provides  for 
the  sale  gf  the  St.  Louis  Arsenal  grounds,  etc.,  and  act  approved 
March  3,  1869  (15  Stat.,  339),  amending  the  same,  contains  a  proviso 
that  no  part  of  the  6  acres  granted  to  the  city  of  St.  Louis  for  a  public 
park,  etc.,  shall  be  selected  east  of  the  western  line  of  the  ground 
occupied  by  the  St.  Louis  &  Iron  Mountain  Railroad. 

Revocable  licenses. — December  21,  1895,  to  Southern  Electric  Rail- 
road Co.  to  construct,  maintain,  and  operate  an  electric  railway  on  the 
reservation. 

August  5,  1902,  to  the  St.  Louis,  Iron  Mountain  &  Southern  Rail- 
way Co.  to  erect  and  maintain  a  passenger  station  and  to  occupy  a 
strip  of  land  500  feet  long  and  70  feet  wide  on  the  reservation. 

June  1,  1911,  to  the  city  of  St.  Louis,  Mo.,  to  lay  and  maintain  an 
8-inch  water  main  across  the  reservation  (including  the  powder  depot 
grounds). 

March  13, 1914,  to  the  city  of  St.  Louis,  Mo.,  to  transport  its  tubercu- 
losis and  smallpox  patients  through  the  reservation  to  the  Koch 
Hospital. 

July  9,  1914,  to  the  Southwestern  Telegraph  &  Telephone  Co.  to 
install  and  maintain  three  telephone  pay  stations  on  the  reservation. 

September  15,  1914,  to  the  St.  Louis,  Iron  Mountain  &  Southern 
Railway  Co.  to  occupy  with  its  sidings,  etc.,  a  portion  of  the  reserva- 
tion. 

.  Jurisdiction. — Ceded  to  the  United  States  by  act  of  the  State  legis- 
lature, approved  March  18, 1892,  which  provides  as  follows : 

SECTION  1.  That  exclusive  jurisdiction  be,  and  the  same  is  hereby,  ceded  to  the 
United  States  over  and  within  all  the  territory  owned  by  the  United  States  and 
included  within  the  limits  of  the  military  post  and  reservation  of  Jefferson  Bar- 
racks, in  St.  Louis  county,  this  state;  saving,  however,  to  the  said  state  the 


MISSOURI.  229 

right  to  serve  civil  or  criminal  process  within  said  reservation  in  suits  or  prose- 
cutions for  or  on  account  of  rights  acquired,  obligations  incurred,  or  eHmes  com- 
mitted in  said  state  outside  of  said  cession  and  reservation ;  and  saving  further 
to  said  state  the  right  to  tax  and  regulate  railroad,  bridge,  and  other  corporations, 
their  franchises  and  property  on  said  reservation.  In  the  event,  or  whenever 
Jefferson  Barracks  shall  cease  to  be  used  by  the  federal  government  as  a  military 
post,  the  jurisdiction  ceded  herein  shall  revert  to  the  state  of  Missouri. 

JEFFERSON  BARRACKS  NATIONAL  CEMETERY. 

A  portion  of  the  Jefferson  Barracks  Reservation  containing  50  acres. 
Title  and  jurisdiction. — See  "  Jefferson  Barracks." 

x 

JEFFERSON  CITY  NATIONAL  CEMETERY. 

This  reservation  is  situated  at  Jefferson  City,  in  Cole  County,  and 
contains  an  area  of  2  acres. 

Title. — Deed  from  Israel  B.  Read  and  wife,  dated  December  7, 
1867,  conveying  2  acres.  Recorded  in  book  A,  page  462,  et  seq.,  of  the 
deed  records  of  Cole  County. 

Jurisdiction. — Exclusive  jurisdiction  ceded,  subject  to  right  to  serve 
process,  by  sections  5218  and  5219,  Missouri  Annotated  Statutes,  1906. 

MILITIA  TARGET  RANGES. 

St.  Louis  Range. — This  range  is  situated  in  St.  Louis  County, 
and  comprises  Island  No.  97-a,  Missouri  River,  containing  an  area 
of  207  acres,  more  or  less,  "  and  all  accretions  thereto." 

Title. — Deed  from  Henry  Pilgrim  et  ux.,  dated  January  8,  1908, 
conveying  entire  tract.  Recorded  in  book  206,  page  193,  in  the  deed 
records  of  St.  Louis  County. 

Nevada  Range. — This  range  is  situated  in  Vernon  County  ad- 
joining the  State  rifle  range  near  Nevada,  and  contains  an  area  of 
123.4  acres. 

Title. — Deed  from  S.  P.  Keyes,  a  single  man,  dated  July  9,  1912, 
conveying  entire  tract.  Recorded  in  book  128,  page  633,  of  the  deed 
records  of  Vernon  County. 

ST.  LOUIS  CLOTHING  DEPOT. 

This  reservation  is  situated  in  the  city  of  St.  Louis,  on. the  Mis- 
sissippi River,  and  contains  about  25  acres. 

Title. — 1.  Deed  from  A.  Chenie  and  wife,  dated  August  3,  1827, 
conveying  13  arpents  of  land.  Recorded  in  book  N,  page  486  of  the 
deed  records  of  St.  Louis  County. 

2.  Deed  from  Arend  Rutgers  and  wife,  dated  August  3,  1827,  con- 
veying 31  arpents  of  land.  Recorded  in  book  N,  page  482,  of  same 
records. 

Under  acts  of  Congress,  approved  July  28,  1868  (15  Stat.,  187), 
and  March  3,  1869  (15  Stat.,  339),  and  joint  resolution  of  July  11, 
1870  (16  Stat.,  386),  a  portion  of  the  lands  was  granted  to  the  city  as 
a  site  for  a  monument  to  Nathaniel  Lyon  and  the  extension  of  Second 
Street,  separating  said  site  from  the  lands  retained  was  authorized. 


230  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

Easement. — See  "  Jefferson  Barracks — Easement,"  ante. 

Revocable  license. — August  3,  1904,  to  the  Anheuser-Busch  Brew- 
ing Association,  under  joint  resolution,  approved  April  28,  1904  (33 
Stat.,  592),  to  occupy  and  use  for  railroad  purposes  a  40-foot  right 
of  way,  along  the  right  of  way  of  the  St.  Louis,  Iron  Mountain  & 
Southern  Railway  Co.,  through  the  extreme  eastern  limits  of  the 
reservation,  and  also  a  small  triangular  area  in  the  southeast  corner 
of  the  premises. 


ST.   LOUIS  POWDER   DEPOT. 

A  part  of  Jefferson  Barracks  reservation  containing  385  acres. 
Title  and  jurisdiction. — See  "  Jefferson  Barracks." 

SPRINGFIELD  NATIONAL  CEMETERY. 

This  reservation  is  situated  about  2  miles  from  the  city  of  Spring- 
field in  Greene  County.  Including  the  Confederate  section,  contain- 
ing 6.03  acres,  it  contains  an  area  of  12.93  acres.  It  comprises  also 
the  roadway  leading  to  the  cemetery  from  the  city. 

Title.— I.  Deed  from  the  city  of  Springfield,  dated  August  16,  1867, 
conveying  5  acres.  Recorded  in  book  S,  page  294,  of  the  deed  records 
of  Greene  County. 

2.  Quitclaim  deed  from  N.  F.  Cheaers  et  al.,  dated  June  2,  1868, 
conveying  the  same  tract.     Recorded  in  book  S,  page  342,  of  same 
records. 

3.  Deed  from  John  S.  Phelps,  dated  May  22,  1885,  conveying  a 
roadway.    Recorded  in  book  59,  page  418,  of  same  records. 

4.  Deed  from  Jestion  Potter,  dated  -   — ,  1885,  conveying  a  road- 
way.   Recorded  in  book  59,  page  419,  of  same  records. 

5.  Deed  from  Edward  J.  Cox,  dated  May  21,  1885,  conveying  a 
roadway.    Recorded  in  book  59,  page  420,  of  same  records. 

6.  Deed  from  William  G.  Evans  and  wife,  dated  May  21,  1885, 
conveying   a   roadway.     Recorded  in   book   61,   page   58,   of  same 
records. 

7.  Deed  from  George  A.  C.  Woolley  and  wife,  dated  May  21,  1885, 
conveying  a  roadway.    Recorded  in  book  61,  page  57,  of  same  records. 

8.  Deed  from  E.  E.  Colby,  special  commissioner,  etc.,  dated  Sep- 
tember 27,  1897,  conveying  a  tract  of  land   for  the  extension  of 
"Phelp's  Boulevard."     Recorded  in   book  169,  page  47,  of  same 
records. 

9.  Deed  from  the  Confederate  Cemetery  Association  of  Missouri, 
dated  June  21,  1911,  conveying  6.3  acres.     Recorded  in  book  296, 
page  35,  of  same  records.    Accepted  by  authority  of  act  of  Congress 
approved  March  3,  1911  (36  Stat.,  1077). 

By  authority  of  act  of  Congress  approved  June  23,  1913  (38  Stat., 
31),  the  Secretary  of  War  conveyed  to  the  city  of  Springfield,  by 
deed  dated  August  1, 1913,  all  the  right  and  title^of  the  United  States 
in  and  to  those  portions  of  the  Government  approach  roadway  lying 
within  the  limits  of  said  city.  This  conveyance  embraced  the  entire 
strips  of  land  acquired  for  a  roadway  under  deeds  from  George  A.  C. 
Woolley  and  wife,  dated  May  21, 1885,  and  from  E.  E.  Colby,  Special 
Commissioner,  etc.,  dated  September  27,  1897  (6  and  7,  supra),  and 
part  of  strip  acquired  under  deed  from  John  S.  Phelps,  dated  May 
22,  1885  (3  supra). 


MONTANA.  231 

Revocable  license. — October  31,  1912,  to  the  Phelps  Grove  Park 
Place  Co.  to  complete  entrance  to  the  driveway  on  its  property  from 
the  west  side  of  the  Government  approach  roadway. 

May  7,  1915,  to  the  Springfield  City  Water  Co.  to  lay  water  pipe 
line  along  Government  approach  roadway. 

Jurisdiction. — Exclusive  jurisdiction  ceded,  subject  to  right  to 
serve  process,  by  sections  5218  and  5219,  Missouri  Annotated  Stat- 
utes. 1906. 

UNION  CEMETERY,  KANSAS  CITY    (SITE  OF  CONFEDERATE  MONUMENT  IN). 

This  site  is  situated  in  Union  Cemetery,  Kansas  City,  and  comprises 
an  area  2.8  feet  square.  It  is  occupied  by  a  monument  to  Confederate 
prisoners  of  war  who  are  buried  in  unknown  graves  in  said  cemetery. 

Title. — Deed  elated  September  12,  1912,  from  the  Union  Cemetery 
Association,  conveying  a  parcel  of  ground  2.8  feet  square,  the  same 
being  the  site  upon  which  the  Confederate  monument  is  located. 
Not  recorded. 

MONTANA. 

GENERAL  ACT  OF  CESSION. 

SECTION  1.  That  pursuant  to  Article  I,  section  8,  paragraph  17,  of  the  Con- 
stitution of  the  United  States,  consent  to  purchase  is  hereby  given  and  exclusive 
jurisdiction  ceded  to  the  United  States  over  and  with  respect  to  all  lands  within 
the  State  which  are  or  may  he  embraced  within  the  Yellowstone  National  Park, 
together  with  all  such  lands  as  are  now  or  may  hereafter  be  occupied  and  held 
by  the  United  States  for  military  purposes  either  as  additions  to  the  military 
posts  over  which  jurisdiction  is  ceded  by  the  Constitution  of  Montana,  or  as 
new  or  other  posts  or  reservations  established  within  the  State  for  the  common 
defense,  reserving,  however,  to  this  State  a  concurrent  jurisdiction  for  the 
execution  upon  said  lands  or  in  the  buildings  erected  thereon,  of  all  process, 
civil  or  criminal,  lawfully  issued  by  the  courts  of  the  State  and  not  incom- 
patible with  this  cession.  (Approved  Feb.  14,  1891.  Laws  of  Mont.,  1891,  p. 
262.  See  also  Revised  Codes  of  Montana,  1907,  sees.  21  to  24,  inclusive.) 

BIG  HOLE  BATTLEFIELD   MONUMENT   SITE. 

This  reservation  is  situated  in  Beaver  Head  County,  and  embraces 
the  E.  i  of  the  NE.  J  of  the  SE.  £  of  the  NW.  J  of  sec.  24,  T.  2  S., 
R.  17  W.,  containing  5  acres  of  unsurveyed  land. 

Title. — Reservation  declared  by  Executive  order  dated  June  23, 
1910,  for  military  purposes  for  the  protection  of  the  Big  Hole  Battle- 
field Monument  in  accordance  with  the  act  of  Congress  of  June  8, 
1906.  (34  Stat,  225;  G.  O.  137,  W.  D.,  July  16,  1910.) 

OUSTER  BATTLEFIELD  NATIONAL  CEMETERY. 

This  reservation  is  situated  on  the  right  bank  of  the  Little  Big 
Horn  River,  and  contains  an  area  of  1  square  mile.  It  was  formerly 
part  of  the  Crow  Indian  Reservation. 

Title. — Reserved  by  Executive  order  dated  December  7,  1886, 
together  with  Fort  Custer,  since  abandoned. 

Jurisdiction. — See  "  Fort  Keogh  remount  depot "  and  "  General  act 
of  cession." 


232  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

FORT  KEOGH  REMOUNT  DEPOT. 

This  reservation  is  situated  in  Custer  County,  on  the  Tongue 
River,  opposite  Miles  City,  and  comprises  an  area  of  about  90 
square  miles. 

Title. — Reserved  from  the  public  domain  for  military  purposes  by 
Executive  order  of  March  14,  1878,  a  military  post  at  this  place 
having  been  established  in  1876  under  authority  of  an  act  of  Con- 
gress approved  July  22,  1876  (19  Stat.,  95).  By  act  of  Congress 
approved  July  30,  1890  (26  Stat,  292),  the  reservation  was  reduced 
to  its  present  area.  The  reservation  was  transferred  to  the  Interior 
Department  May  28,  1908,  but  redeclared  by  Executive  order  of 
January  22,  1909  (G.  O.  22,  W.  D.,  February  4,  1909), 

Easements.— Act  of  Congress,  approved  May  11,  1906  (34  Stat., 
187),  granted  to  Chicago,  Milwaukee  &  St.  Paul  Railway  Co.  of 
Montana  a  right  of  way  for  railway  line,  etc.,  through  reservation. 
Location  approved  September  24,  1906. 

The  Northern  Pacific  Railroad  Co.,  pursuant  to  authority  of  act 
of  Congress,  approved  July  2,  1864  (13  Stat.,  365),  had  located  a 
right  of  way  thereon  prior  to  the  establishing  of  the  reservation  for 
military  purposes. 

Permission,  May  9,  1901,  to  board  of  county  commissioners  of 
Custer  County  to  extend  county  road  across  the  reservation  and  to 
construct  a  steel  bridge  across  the  Yellowstone  River. 

Location  of  right  of  way  and  station  grounds  of  Montana,  Wyo- 
ming &  Southern  Railway  Co.,  approved  April  6,  1909,  and  June 
16,  1909,  under  act  of  March  2,  1909  (35  Stat.,  683). 

Leases. — To  commissioners  of  Custer  County  for  five  years  from 
June  1, 1912,  of  154.84  acres,  for  county  fair  purposes. 

To  the  Chicago,  Milwaukee  &  Puget  Sound  Railway  Co.  for  10 
years  from  November  1,  1912,  under  authority  of  act  of  Congress 
approved  August  23,  1912  (37  Stat.,  357),  of  tract  containing  an 
approximate  area  of  40  acres,  for  the  purposes  of  removal  of  gravel 
and  ballast  material  therefrom,  including  right  of  way  leading 
thereto  from  right  of  way  owned  by  lessee  within  the  reservation. 

To  A.  L.  Eberhard  for  five  years  from  April  1,  1915,  of  site  from 
which  to  procure  clay  or  earth  and  upon  which  to  manufacture  brick. 

Revocable  licenses. — September  27,  1886,  to  Northern  Pacific  Rail- 
road Co.  and  cattlemen  and  stockmen  to  drive  cattle  and  stock  across 
the  reservation  from  certain  proposed  stock  pens  to  the  south 
boundary. 

March  27,  1897,  to  Northern  Pacific  Railway  Co.  to  construct 
loading  and  unloading  pens  on  the  reservation. 

December  16,  1899,  to  James  H.  McNaney  to  establish  and  operate 
a  ferry  across  the  Yellowstone  River. 

June  10,  1903,  to  board  of  county  commissioners  of  Custer  County 
to  construct  corral  and  cutting  pens  at  south  approach  of  bridge  of 
said  county  across  the  Yellowstone  River. 

September  15,  1906,  to  Rocky  Mountain  Bell  Telephone  Co.  for 
telephone  line. 

September  12,  1912,  to  city  of  Miles  City,  Mont.,  to  enter  reserva- 
tion to  straighten  channel  of  Tongue  River. 

October  23,  1914,  to  the  Northern  Pacific  Railway  Co.  to  construct 
and  operate  a  wye  track. 


MONTANA.  233 

Jurisdiction. — Ceded  to  the  United  States  by  Article  JI  of  the 
constitution  of  the  State,  which  provides  as  follows : 

SECTION  1.  Authority  is  hereby  granted  to  and  acknowledged  in  the  United 
States  to  exercise  exclusive  legislation  as  provided  by  the  Constitution  of  the 
United  States,  over  the  Military  Reservations  of  Fort  Assiniboine,  Fort  Ouster, 
Fort  Keogh,  Fort  Maginnis,  Fort  Missoula,  and  Fort  Shaw,  as  now  established 
by  law,  so  long  as  said  places  remain  military  reservations,  to  the  same  extent 
and  with  the  same  effect  as  if  said  reservations  had  been  purchased  by  the 
United  States  by  consent  of  the  Legislative  Assembly  of  the  State  of  Montana ; 
and  the  Legislative  Assembly  is  authorized  and  directed  to  enact  any  law 
necessary  or  proper  to  give  effect  to  this  article. 

Provided,  That  there  be,  and  is  hereby,  reserved  to  the  State  the  right  to 
serve  all  legal  process  of  the  State,  both  civil  and  criminal,  upon  persoS^  and 
property  found  within  any  of  said  reservations  in  all  cases  where  the  United 
States  has  not  exclusive  jurisdiction. 

See  also  "  General  act  of  cession." 

FORT  MISSOULA. 

This  reservation  comprises  the  post  proper,  situated  on  Bitter 
Root  River,  1  mile  from  Bitter  Root  and  4  miles  from  Missoula,  and 
the  wood  and  timber  reserve  situated  6  miles  southeast  of  the  post. 
It  contains  an  aggregate  area  of  3,417.41  acres,  of  which  1,520  acres 
belong  to  the  post  proper  and  1,577.41  acres  to  the  wood  and  timber 
reserve. 

Title. — Reserved  by  Executive  order  dated  February  19,  1877,  and 
enlarged  by  Executive  order  dated  August  5,  1878.  Wood  and  tim- 
ber reserve  declared  by  Executive  order  dated  June  10,  1879.  See 
Appendix,  page  527,  post. 

Through  an  error  of  survey,  most  of  the  post  buildings  were 
located  on  sec.  36,  T.  13  N.,  R.  20  W.,  instead  of  sec.  31,  T.  13  N., 
R.  19  W.,  a  section  reserved  for  military  purposes. 

A  portion  of  section  36  was  purchased  by  the  citizens  of  Missoula 
for  the  purpose  of  presenting  it  to  the  United  States ;  and  Congress, 
by  act  of  March  19,  1904  (33  Stat,  142),  authorized  the  Secretary  of 
War  to  accept  the  donation  of  a  portion  of  said  section,  inter  alia, 
and  title  thereto  has  been  conveyed  by  the  following  deeds : 

1.  Deed  from  Elmer  E.  Hershey,  trustee,  dated  March  16,  1903, 
conveying  the  NE.  J  of  sec.  36,  T.  13  K,  R.  20  W.,  containing  160 
acres.    Recorded  in  volume  37,  page  63,  deed  records  of  Missoula 
County. 

2.  Deed  from  John  Bonner,  trustee,  dated  March  16,  1903,  convey- 
ing the  N.  J  of  NW.  J  and  N.  -J  of  SE.  J  of  same  section,  containing 
160  acres.     Recorded  on  page  62  of  same  records. 

Revocable  licenses. — August  4, 1904,  to  On  Sing  to  conduct  a  laun- 
dry heretofore  conducted  by  him  under  permission  of  post  com- 
mander. 

March  31,  1909,  to  W.  P.  Maclay  et  al.  for  telephone  line. 

August  18,  1910,  to  the  Missoula  Street  Railway  Co.  for  electric 
railway. 

May  8,  1911,  to  the  Rocky  Mountain  Bell  Telephone  Co.  to  install 
and  operate  telephone  system. 

Jurisdiction. — See  "  Fort  Keogh  Remount  Depot "  and  "  General 
act  of  cession." 


234  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

FORT  WILLIAM  HENRY  HARRISON. 

This  reservation  is  situated  about  G  miles  west  of  the  city  of  Helena, 
in  Lewis  and  Clark  County,  and  contains  an  area  of  1,799  acres,  more 
or  less.  The  land  was  acquired  and  post  established  under  an  act  of 
Congress  approved  May  12,  1892.  (27  Stat.,  33.) 

Title. — 1.  Quitclaim  deed  from  Ansalem  J.  Davidson  (trustee)  and 
wife,  dated  December  31,  1892,  conveying  all  their  right,  title,  and 
interest  in  and  to  sees.  15,  16,  17,  21,  and  22,  in  T.  10  N.,  K.  4  W. 
Recorded  in  book  32,  page  326,  of  the  deed  records  of  Lewis  and  Clark 
County. 

2.  Quitclaim  deed  from  Nicholas  Kessler,  dated  February  17,  1893, 
conveying  all  right,  title,  and  interest  in  sec.  16,  T.  10  N.,  R.  4  W. 
Recorded  in  book  25,  page  271,  of  same  records. 

3.  Deed  from  Nicholas  Kessler,  dated  February  17, 1893,  conveying 
the  north  half  of  the  northwest  quarter  of  sec.  22,  T.  10  N.,  R.  4  W., 
containing  80  acres.    Recorded  in  book  31,  page  467,  of  same  records. 

4.  Quitclaim  deed  from  the  State  of  Montana,  dated  March  7, 1893, 
conveying  the  E.  1  of  sec.  16,  T.  10  N.,  R,  4  W.    Recorded  in  book  32, 
page  323,  of  same  records. 

5.  Quitclaim  deed  from  Eli  Knobb  and  wife,  dated  March  10, 1893, 
conveying  the  "  Giant  H  "  quartz-lode  claim,  600  feet  by  1,500  feet, 
in  sec.  16,  T.  10  N.,  R.  4  W.    Recorded  in  book  25,  page  273,  of  same 
records. 

6.  Quitclaim  deed  from  Mary  B.  Sperling,  dated  March  21,  ISttf, 
conveying  part  of  Good  Luck  mining  claim,  containing  0.34  acre — 
reserving  right  to  mine,  etc.    Recorded  in  book  26,  page  141,  of  same 
records. 

7.  Quitclaim  deed  from  Northern  Pacific  Railroad  Co.  et  al.,  dated 
March  21,  1893,  conveying  the  W.  J  (less  right  of  way  for  main  line 
0.25  acre)  of  sec.  15;  the  NE.  i;  the  E.  ^  of  NW.  J,*  and  NW.  J  of 
NW.  i,  of  sec.  21 ;  the  SE.  J  of  SE.  J  of  sec.  17,  in  T.  10  N.,  R.  4  W., 
containing  640  acres ;  reserving  a  strip  400  feet  wide  for  right  of  way 
for  railroad  purposes.    Recorded  in  book  32,  page  320,  of  same  records. 

8.  Quitclaim  deed  from  Jacob  Fisher  and  wife,  dated  April  15, 
1893,  conveying  all  interest  in  sec.  16,  T.  10  N.,  R.  4  W.    Recorded  in 
book  25,  page  272,  of  same  records. 

9.  Quitclaim  deed  from  H.  W.  Brooks  and  wife  et  al.,  dated  May 
22,  1893,  conveying  all  right,  title,  and  interest  in  the  E.  J  of  sec.  in. 
T.  10  N.,  R,  4*W.,  known  as  the  Red  Rock  lode  and  the  Minnie  B. 
lode  mining  claims.    Recorded  in  book  29,  page  236,  of  same  records. 

Water  supply. — The  following  deeds  convey  about  740  acres  of 
land,  together  with  rights  of  wray,  water  rights,  etc.,  acquired  for  a 
permanent  water  supply  under  the  Army  appropriation  acts  of  May 
11, 1908  (35  Stat,  122),  and  March  3, 1909  (35  Stat,  751)  : 

1.  Deed  from  Seven  Mile  Land  &  Cattle  Co.,  dated  June  8,  1910, 
conveying  about  740  acres,  except  right  of  way  of  the  Northern  Pacific 
Railway  Co.  of  about  2.9  acres;  water  rights  attached  to  and  used  in 
connection  with  the  premises,  especially  125  inches  of  water  of  Seven 
Mile  Creek,  with  rights  of  way  for  site  of  the  intake  reservoir  and 
dam,  and  for  pipes,  ditches,  flumes,  etc.    Recorded  in  book  69,  page 
145,  of  the  deed  records  of  Lewis  and  Clark  County. 

2.  Deed  from  C.  H.  Head  et  ux.,  dated  June  8,  1910,  to  same  prem- 
ises.   Recorded  in  book  58,  page  289,  of  same  records. 


NEBRASKA.  235 

Lease.— March  12,  1915,  to  H.  W.  Child  for  1  year  from  March 
15,  1915,  with  privilege  of  renewal  for  3  consecutive  years,  of  pasture 
of  reservation  and  that  portion  known  as  "  Head  Ranch." 

June  11,  1915,  to  the  Helena  Country  Club  for  1  year  from  June 
30,  1915,  with  privilege  of  renewal  for  a  period  of  5  years  of  the 
building  known  as  No.  25  (bachelor  officers'  quarters) ,  together  with 
two  parcels  of  land  adjacent  thereto. 

Revocable  licenses. — November  4,  1904,  to  Helena  Light  &  Trac- 
tion Co.  for  electric  railway  on  reservation. 

July  24,  1913,  to  the  State  of  Montana  to  occupy  and  use  for  the 
target  practice  of  its  Organized  Militia  the  Government  rifle  ^ange 
and  the  ordnance  storehouse  on  the  reservation. 

Jurisdiction. — See  "  General  act  of  cession." 

NEBRASKA. 

GENERAL  ACT  OF  CESSION. 

SECTION  1.  Be  it  enacted,  etc.,  That  the  consent  of  the  state  of  Nebraska  is 
hereby  granted  to  the  United  States  of  America  to  purchase  such  grounds  as 
may  be  deemed  necessary,  in  the  city  of  Nebraska  City,  Nebraska,  or  any  other 
city  or  incorporated  town  in  the  state  of  Nebraska,  for  the  erection  thereon  of 
buildings  for  the  accommodation  of  the  United  States  circuit  and  district  courts, 
post-office,  land  office,  mints  or  any  other  government  office,  and  also  for  the 
purchase  by  the  United  States  of  such  other  lands  within  the  state  of  Nebraska 
as  the  agents  or  authorities  of  the  United  States  may  from  time  to  time  select 
for  the  erection  thereon  of  forts,  magazines,  arsenals,  and  other  needful 
buildings. 

SEC.  2.  The  jurisdiction  of  the  state  of  Nebraska  in  and  over  the  lands  men- 
tioned in  the  preceding  section  shall  be  and  the  same  is  hereby  ceded  to  the 
United  States:  Provided,  That  the  jurisdiction  hereby  ceded  shall  continue  no 
longer  than  the  United  States  shall  own  or  occupy  said  lands. 

SEC.  3.  The  said  consent  is  hereby  gfven,  and  the  said  jurisdiction  ceded  upon 
the  express  condition  that  the  state  of  Nebraska  shall  retain  concurrent  juris- 
diction with  the  United  States  in  and  over  the  said  lands,  so  far  as  that  all 
civil  process  in  all  cases  and  such  criminal  or  other  process  as  may  issue  under 
the  laws  or  authority  of  the  state  of  Nebraska,  against  any  person  or  persons 
charged  with  crime  or  misdemeanors  committed  within  said  state,  may  be 
executed  therein,  in  the  same  way  and  manner  as  if  such  consent  had  not  been 
given  or  jurisdiction  ceded,  except  so  far  as  sucL  process  may  affect  the  real 
and  personal  property  of  the  United  States. 

SEC.  4.  The  jurisdiction  hereby  ceded  shall  not  vest  until  the  United  States 
shall  have  acquired  the  title  to  said  lands  by  purchase  or  grant ;  and  so  long 
as  the  said  lands  shall  remain  the  property  of  the  United  States,  when  acquired 
as  aforesaid,  and  no  longer,  the  same  shall  be  and  continue  exonerated  and 
exempt  from  all  taxes,  assessments,  and  other  charges  which  may  be  levied 
or  imposed  under  the  authority  of  the  laws  of  this  state.  (Approved  Feb.  23, 
1883.  Compiled  Stats,  of  Nebr.,  1901,  p.  1136,  sec.  5097.) 

ARMY  BUILDING,   OMAHA. 

This  building,  formerly  the  old  Federal  building,  is  situated  in  the 
city  of  Omaha,  and  occupies  an  area  of  14,520  square  feet.  It  was 
transferred  to  the  War  Department  by  the  Treasury  Department 
pursuant  to  act  of  Congress  approved  January  21.  1889  (25  Stat, 
053). 

Title. — Deed  from  Charles  H.  Downs  and  wife,  dated  May  19, 
1870,  conveying  14,520  square  feet.  Recorded  in  book  9,  page*  211, 
of  the  records  of  Douglas  County. 

Jurisdiction. — See  "  General  act  of  cession." 


236  UNITED   STATES   MILITARY    RESERVATIONS,  ETC. 

FORT  CROOK. 

This  reservation  is  situated  in  Sarpy  County,  about  5  miles  south- 
west of  the  city  of  Omaha,  and  contains  an  area  of  545.67  acres,  with 
metes  and  bounds  as  announced  in  G.  O.  178,  W.  D.,  October  18. 
1906.  The  post  was  established  under  authority  of  act  of  Congress 
approved  July  23, 1888.  (25  Stat,  339.) 

Title. — 1.  Deed  from  Henry  T.  Clark  and  wife  dated  September 
7,  1889,  conveying  502.59  acres  of  land.  Recorded  in  book  V,  page 
189,  of  the  deed  records  of  Sarpy  County. 

2.  Decree  of  condemnation  for  43.08  acres  in  case  of  The  United 
States  v.  said  land  and  Henry  Zeucher,  defendant,  in  the  district 
court  of  the  United  States  for  the  district  of  Nebraska.    Decree  ren- 
dered February  4,  1890,  and  filed  with  the  record  in  the  clerk's  office 
of  said  district  court. 

3.  Deed  from  Henry  T.  Clarke  and  wife,  dated  February  26,  1890, 
conveying  a  right  of  way  for  a  sewer.    Recorded  in  book  V,  page 
503,  of  the  records  of  Sarpy  County. 

4.  Deed  from  Michael  Palmtag  and  wife  dated  April  9,  1912,  for 
right  of  way  for  extension  of  sewer.    Recorded  in  book  44,  page  450, 
of  same  records. 

Revocable  license. — March  1, 1906,  to  the  Omaha  &  Southern  Inter- 
urban  Railway  Co.  for  electric  railway. 

Jurisdiction. — Consent  to  the  purchase  of  this  reservation  was 
given,  and  jurisdiction  over  it  was  ceded  to  the  United  States,  by  an 
act  of  the  State  legislature  approved  March  30,  1889,  which  provides 
as  follows: 

SECTION  1.  That  the  consent  of  the  State  of  Nebraska  is  hereby  given  to  the 
purchase  or  condemnation  by  the  United  States  of  such  land  in  Sarpy,  Wash- 
ington, or  Douglas  county,  Nebraska,  not  exceeding  one  thousand  acres  in 
extent,  as  may  hereafter  be  selected  by  the  United  States,  as  a  site  for  a  military 
post  and  reservation. 

SEC.  2.  The  jurisdiction  of  the  state  of  Nebraska  in  and  over  the  land  men- 
tioned in  the  preceding  section,  when  purchased  or  condemned  by  the  United 
States,  shall  be,  and  the  same  hereby  is  ceded  to  the  United  Statr-s :  1'rorided, 
That  the  jurisdiction  hereby  ceded  shall  continue  no  longer  than  the  said  United 
States  shall  own  or  OCCUDV  the  said  land. 

SEC.  3.  The  said  consent  is  given -and  the  said  jurisdiction  ceded  upon  the 
express  condition  that  the  state  of  Nebraska  shall  retain  concurrent  jurisdiction 
with  the  United  States  in  and  over  the  said  land  so  far  as  that  all  civil  process 
in  all  cases,  and  such  criminal  or  other  process  as  may  issue  under  the  laws  or 
authority  of  the  state  of  Nebraska  against  any  person  or  persons  charged  with 
crimes  or  misdemeanors  committed  within  said  State,  may  be  executed  therein 
in  the  same  way  and  manner  as  if  such  consent  had  not  been  given  or  jurisdic- 
tion ceded,  except  so  far  as  such  process  may  affect  the  real  and  personal 
property  of  the  United  States. 

SEC.  4.  The  jurisdiction  hereby  ceded  shall  not  vest  until  the  United  States 
shall  have  acquired  the  title  to  the  said  lands  by  purchase,  grant  or  condemna- 
tion, and  so  long  as  the  said  land  shall  remain  the  property  of  the  United 
States  when  acquired  as  aforesaid,  and  no  longer,  the  same  shall  be  and  con- 
tinue exonerated  from  all  taxes,  assessments  and  other  charges  which  may  be 
levied  or  imposed  under  the  authority  of  this  state.  (Compiled  Stats,  of  Nebr., 
1901,  p.  1139,  sec.  5115.) 

See  also  "  General  act  of  cession." 

FORT  M'PHERSON  NATIONAL  CEMETERY. 

This  reservation  is  situated  about  4  miles  from  Maxwell,  in  Lin- 
coln County,  and  contains  an  area  of  107  acres,  of  which  4J  acres  are 
inclosed. 


NEBRASKA.  237 

Title. — Reserved  from  the  public  domain  for  military  purposes  by 
Executive  orders  of  January  22,  1867,  January  25,  1870,  and  October 
11,  1870;  the  reservation  being  known  as  Fort  McPherson,  and  con- 
taining 19,500  acres.  The  post  was  abandoned  and  the  lands  trans- 
ferred to  the  Department  of  the  Interior  by  War  Department  circu- 
lar dated  January  10,  1887,  reserving  the  above  national  cemetery 
tract  as  the  same  was  set  apart  by  Executive  order  dated  October  13, 
1873. 

Revocable  license. — August  2,  1915,  to  the  Farmers'  Cooperative 
Telephone  Association,  Brady,  Nebr.,  to  erect  three  telephone  poles 
and  string  wires  thereon,  on  the  extreme  northern  portion  of  the 
reservation. 

FORT  OMAHA. 

This  reservation  is  situated  in  the  city  of  Omaha,  Douglas  County, 
and  contains  an  area  of  82.50  acres,  with  metes  and  bounds  as  an- 
nounced in  G.  O.  150,  W.  D.,  Aug.  18,  1906.  A  tract  of  40  acres 
was  purchased  in  1868,  which  was  ratified  by  act  of  Congress,  ap- 
proved March  3,  1873  (17  Stat,  617).  An  addition  of  42.50  acres 
was  purchased  in  1882. 

Title. — 1.  Deed  from  Emerson  S.  Seymour  and  wife,  dated  Au- 
gust 26,  1868,  conveying  20  acres  of  land.  Recorded  in  book  4,  page 
320,  of  the  deed  of  records  of  Douglas  County. 

2.  Deed  from  Charles  B.  Wells  and  wife,  dated  September  4,  1868, 
conveying  20  acres  of  land.     Recorded  in  book  4,  page  339,  of  same 
records. 

3.  Quitclaim  deed  from  Augustus  Kountze  and  wife,  dated  April 
17,  1882,  conveying  42.50  acres  of  land.     Recorded  in  book  46,  page 
529,  of  same  records. 

Revocable  licenses. — April  27,  1905,  and  December  30,  1909,  to  the 
Chicago  &  Northwestern  Railway  Co.,  for  spur  tracks. 

March  28,  1906,  covering  continuance  of  use  by  the  public  of  road 
along  northern  boundary. 

May  4,  1907,  to  the  Nebraska  Telephone  Co.,  for  telephone  line. 

August  2,  1915,  to  the  Nebraska  Telephone  Co.,  for  temporary  in- 
stallations of  private  telephones. 

Jurisdiction. — Ceded  to  the  United  States  by  an  act  of  the  State 
legislature,  approved  February  23,  1870,  which  provides  as  follows: 

SECTION  1.  Be  it  enacted,  etc.,  That  the  consent  of  the  State  of  Nebraska  is 
hereby  given  to  the  purchase  or  lease  by  the  United  States,  of  the  lands  in 
Douglas  County,  not  exceeding  one  hundred  acres,  upon  which  is  located  the 
military  post  now  known  as  Omaha  Barracks. 

SEC.  2.  The  jurisdiction  of  the  State  of  Nebraska  in  and  over  the  lands  men- 
tioned in  the  preceding  section,  when  purchased  or  leased  by  the  United  States, 
shall  be,  and  the  same  hereby  is  ceded  to  the  United  States:  Provided,  That 
the  jurisdiction  hereby  ceded  shall  continue  no  longer  than  the  said  United 
States  shall  owrn  or  occupy  the  said  lands. 

SEC.  3.  The  said  consent  is  given  and  said  jurisdiction  ceded  upon  the  express 
condition  that  the  State  of  Nebraska  shall  retain  concurrent  jurisdiction  with 
the  United  States,  in  and  over  the  said  lands  so  far  that  all  civil  process  in  all 
cases,  and  such  criminal  or  other  process  as  may  issue  under  the  laws  or  author- 
ity of  the  State  of  Nebraska,  against  any  person  or  persons  charged  with  crime 
or  misdemeanor  committed  within  said  State,  may  be  executed  therein  in  the 
same  way  and  manner  as  if  such  consent  had  not  been  given  or  jurisdiction 
ceded,  except  so  far  as  such  process  may  affect  the  real  and  personal  property 
Of  the  United  States. 


238  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

SEC.  4.  The  jurisdiction  hereby  ceded  shall  not  vest  until  the  United  States 
shall  have  acquired  the  title  to  the  said  land  by  purchase  or  grant,  and  so  long 
as  the  said  lands  shall  remain  the  property  of  the  United  States,  when  acquired 
as  aforesaid,  and  no  longer,  the  same  shall  be  and  continue  exonerated  from  all 
taxes,  assessments,  and  other  charges  which  may  be  levied  or  imposed  under 
the  authority  of  this  State. 

SEC.  5.  It  is  further  enacted  that  any  malicious,  wilful,  reckless,  or  volun- 
tary injury  to  or  mutilation  of  the  grounds,  buildings,  or  appurtoimiuvs,  shall 
subject  the  offender  or  offenders  to  a  fine  of  not  less  than  twenty  dollars,  to 
which  may  be  added,  for  an  aggravated  offence,  imprisonment  not  exceeding 
six  months  in  the  County  jail  or  workhouse,  to  be  prosecuted  before  any  court 
of  competent  jurisdiction. 

See  also  "  General  act  of  cession." 

OMAHA  DEPOT. 

This  reservation  is  situated  adjoining  the  city  of  Omaha,  in  sec.  27, 
T.  15  N.,  R.  13  E.,  of  the  sixth  principal  meridian,  Douglas  county, 
and  contains  about  7  acres  of  land. 

Title.— I.  Deed  from  heirs  of  Jacob  S.  Shull,  dated  August  9, 
1870,  conveying  5  acres  of  land.  Recorded  in  book  30,  page  163, 
of  the  records  of  Douglas  County. 

2.  Quitclaim  deed  from  Augustus  Kountze  and  wife  et  al.,  dated 
September  1,  1879,  conveying  all  interest  in  above  land.     Recorded 
in  book  30,  page  162,  of  same  records. 

3.  Deed  from  Mary  A.  Elliott  et  al.,  dated  May  29,  1903,  convey- 
ing a  tract  of  land  therein  described.     Recorded  in  book  269,  page  25, 
of  same  records. 

4.  Quitclaim  deed  from  Albert  Hartsuff  and  wife,  dated  August  5, 
1903,   conveying  a   tract   of  land   therein   described.     Recorded  in 
book  267,  page  370,  of  same  records. 

5.  Deed  from  Mary  A.  Elliott  et  al.,  dated   February   1,  1904. 
Recorded  in  book  270  of  deeds,  page  156,  of  the  records  of  Douglas 
County. 

6.  Quitclaim  deed  from  Albert  Hartsuff  and  wife,  dated  January 
9,  1904.     Recorded  in  same  book  at  page  158. 

Jurisdiction. — Ceded  to  the  United  States  by  an  act  of  the  State 
legislature,  approved  March  2,  1881,  which  provides  as  follows: 

SECTION  1.  That  the  consent  of  the  State  of  Nebraska  is  hereby  given  to  the 
purchase  or  lease  by  the  United  States  of  the  lands  situated  in  the  City  of 
Omaha,  County  of  Douglns,  State  of  Nebraska,  and  described  as  follows,  to 
wit :  [Here  the  5  acres  conveyed  by  deeds  1  and  2  are  described  by  metes  and 
bounds.]  The  provisions  of  this  act  shall  extend  to  all  additions  to  the  above- 
described  lands  hereafter  obtained. 

SEC.  2.  The  jurisdiction  of  the  State  of  Nebraska  in  and  over  the  lands  men- 
tioned in  the  preceding  section  shall  be,  and  the  same  hereby  is  ceded  to  the 
United  States:  Provided,  the  jurisdiction  hereby  ceded  shall  continue  no 
longer  than  the  said  United  States  shall  own  or  occupy  said  lands. 

SEC.  3.  The  said  consent  is  given  and  the  said  jurisdiction  ceded  upon  the 
express  condition  that  the  State  of  Nebraska  shall  retain  concurrent  jurisdic- 
tion with  the  United  Slates  in  nml  over  the  said  lands  so  far  that  all  civil 
process  in  all  cases,  and  such  criminal  or  other  process  as  may  issue  under 
the  law  or  authority  of  the  State  of  Nebraska  against  any  person  or  persons 
charged  with  crime  or  misdemeanor  committed  within  said  State,  may  be  exe- 
cuted therein  in  the  same  way  and  manner  as  if  such  consent  had  not  been 
given  or  jurisdiction  ceded,  except  so  far  as  such  process  may  affect  the 
real  and  personal  property  of  the  United  States. 

SEC.  4.  The  jurisdiction  hereby  ceded  shall  not  vest  until  the  United  States 
shall  have  acquired  the  title  to  the  said  lands  by  purchase  or  grant,  and  so  long 


NEBRASKA.  239 

as  the  said  lands  shall  remain  the  property  of  the  United  States,  whSfc  acquired 
as  aforesaid,  and  no  longer,  the  same  shall  be  and  continue  exonerated  from 
all  taxes,  assessments,  and  other  charges  which  may  be  levied  or  imposed  under 
the  authority  of  the  State. 

See  also  "  General  act  of  cession." 

PLATTESMOUTH  RIFLE  RANGE. 

This  range  is  situated  at  the  junction  of  the  Platte  and  Missouri 
Rivers  in  Cass  and  Sarpy  Counties,  Nebr.,  and  comprises  tracts  hav- 
ing an  aggregate  area  of  about  696  acres.  It  was  acquired  i«ider 
the  sundry  civil  act  approved  June  25,  1910  (36  Stat,  703,  722). 

Title. — 1.  Deed  from  T.  Herbert  Pollock  and  wife,  dated  June  21, 
1912,  conveying  the  portion  of  the  reservation  in  Cass  County.  Deed 
recorded  in  book  51,  page  178,  of  the  deed  records  of  Cass  County. 

2.  Deed  from  T.  Herbert  Pollock  and  wife,  dated  August  14,  1912, 
conveying  the  portion  of  the  reservation  in  Sarpy  County.  Deed 
recorded  in  book  -44,  page  586,  of  the  deed  records  of  Sarpy  County. 

FORT  ROBINSON. 

This  reservation  is  situated  on  White  River,  3  miles  from  Craw- 
ford, in  Dawes  and  Sioux  Counties,  and  including  the  wood  and 
timber  reserve  contains  an  area  of  36  square  miles.  The  post  was 
established  in  March,  1874. 

Title. — Executive  order  of  November  14,  1876,  declaring  the  res- 
ervation with  area  of  7  square  miles  and  199  acres.  Executive  order 
of  June  28,  1879,  enlarging  the  reservation  so  as  to  make  it  com- 
prise an  area  of  20  square  miles.  A  wood  and  timber  reserve,  con- 
taining an  area  of  16  square  miles  was  declared  by  Executive  order 
dated  November  4,  1879,  this  last  reserve  being  about  3  miles  from 
the  line  of  the  post  reservation. 

By  Executive  order,  dated  September  19,  1896,  so  much  of  the 
reservation  as  lay  east  of  the  line  marked  for  the  eastern  boundary  in 
the  survey  of  the  public  lands  adjacent  thereto,  and  described  in  the 
field  notes  and  plats  of  said  survey  on  file  w.  the  office  of  the  com- 
missioner of  public  lands  and  buildings,  at  Lincoln,  Nebr.,  was  turned 
over  to  the  Interior  Department. 

By  Executive  order,  dated  September  14,  1906  (G.  O.  165.  W.  D., 
October  1,  1906),  a  parcel  of  land  in  the  northwest  corner  of  the 
reservation,  which  had  been  erroneously  included  in  patents  to  pri- 
vate parties,  was  transferred  to  the  Interior  Department. 

Easements. — Act  of  Congress,  approved  January  20,  1885  (23 
Stat.,  284),  granted  to  the  Fremont,  Elkhorn  &  Missouri  Valley 
Railroad  Co.  right  of  way  100  feet  in  width  through  the  reservation. 
Location  approved  by  the  Secretary  of  War  February  1,  1886. 

Act  of  Congress,  approved  March  3,  1891  (26  Stat.,  1101),  granted 
to  any  corporation,  etc.,  right  of  way  through  reservations  of  the 
United  States  for  the  purpose  of  constructing  irrigating  canals  or 
ditches.  Location  of  irrigating  ditch  by  W.  T.  Forbes,  under  au- 
thority of  above  act,  approved  by  the  Secretary  of  War  June  7, 
1895. 

Location  of  ditches  by  the  Crawford  Co.,  assignees  of  William  T. 
Forbes,  approved  by  the  Secretary  of  War  November  14,  1896. 
12925°— 16 16 


240  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

Act  of  Congress,  approved  August  14,  1911  (37  Stat.,  16),  granted 
to  the  city  of  Crawford  right  of  way  for  pipe  line  across  the  reser- 
vation. Location  approved  by  Secretary  of  War  October  2,  1911. 

Revocable  licenses. — December  26,  1889,  to  the  Crawford  Fair 
Association  to  enter  upon  a  portion  of  the  reservation,  plant  trees 
thereon,  and  improve  it  for  the  use  of  a  fair  ground. 

January  26,  1900,  to  the  Fremont,  Elkhorn  &  Missouri  Valley 
Railroad  Co.  to  occupy  a  portion  of  the  reservation  for  stock-yard 
purposes. 

August  4,  1903,  to  the  village  of  Crawford  to  place  a  dam  and 
pumping  station,  excavate  a  raceway,  and  sink  a  well  upon  the  reser- 
vation. 

April  3,  1906,  to  the  Crawford  Telephone  Co.,  Crawford,  Nebr., 
for  telephone  system. 

October  3,  1907,  to  the  Glen  Telephone  Co.  for  telephone  line. 

May  13,  1913,  to  the  Soldier  Creek  Telephone  Co.  for  telephone 
line  across  the  wood  and  timber  reservation. 

June  27,  1913,  to  Soldier  Creek  Telephone  Co.  to  extend  its  line 
across  the  reservation. 

Jurisdiction. — Ceded  to  the  United  States  by  acts  of  the  State 
legislature  approved  March  29,  1887,  and  March  29,  1889.  These 
acts  provide  as  follows : 

SECTION  1.  That  the  jurisdiction  of  the  State  of  Nebraska  in  and  over  the 
military  reservations  known  as  Fort  Niobrara  and  Fort  Robinson  be,  and  the 
same  are  hereby,  ceded  to  the  United  States. 

Provided,  That  the  jurisdiction  hereby  ceded  shall  continue  no  longer  than 
the  United  States  shall  own  and  occupy  said  military  reservations. 

SEC.  2.  That  said  jurisdiction  is  ceded  upon  the  express  condition  that  the 
State  of  Nebraska  shall  retain  concurrent  jurisdiction  with  the  United  States 
in  and  over  the  said  military  reservations  so  far  as  that  all  civil  process  in  all 
cases,  and  such  criminal  or  other  process  may  issue  under  that  laws  or  author- 
ity  of  the  State  of  Nebraska  against  any  person  or  persons  charged  with  crime 
or  misdemeanors  committed  within  said  State,  may  be  executed  therein  in  the 
same  way  and  manner  as  if  such  jurisdiction  had  not  been  ceded,  except  so  far 
as  such  process  may  affect  the  real  and  personal  property  of  the  United  States. 

Provided,  That  nothing  in  the  foregoing  act  shall  be  construed  so  as  to  pre- 
vent the  opening  and  keeping  in  repair  public  roads  and  highways  across  and 
over  said  reservations.  (Approved  Mar.  29,  1887.  Published  as  sections  10 
and  11,  article  13,  chapter  83,  Compiled  Statute*  of  1887. ) 

SECTION  1.  That  section  ten  (10),  article  thirteen  (13),  of  chapter  eighty- 
three  (83),  of  an  act  ceding  the  jurisdiction  over  the  military  reservations  of 
Fort  Niobara  and  Fort  Robinson,  Nebraska,  be  aimnended  to  read  as  follows: 

"  That  the  jurisdiction  of  the  state  of  Nebraska,  in  and  over  the  reservations 
known  as  Fort  Niobrara  and  Fort  Robinson  be,  and  the  same  are  hereby,  ceded 
to  the  United  States." 

Provided,  That  the  jurisdiction  hereby  ceded  to  the  United  States  shall  con- 
tinue no  longer  than  the  United  States  shall  own  or  occupy  said  military  reser- 
vations. 

Provided  further,  That  nothing  in  this  act  shall  exempt  any  property  within 
tht  limits  of  said  military  reservations  belonging  to  any  civilian  therein  from 
assessment,  levy,  and  collection  of  tax  which  would  otherwise  be  subject  to  taxa- 
tion within  Nebraska,  except  the  personal  property  of  the  officers  and  enlisted 
men  in  the  service  of  the  United  States  who  may  be  stationed  on  said  military 
reservations,  the  said  personal  property  being  owned  by  said  officers  and  en- 
listed men  for  their  comfort  and  convenience.  Nor  shall  any  of  the  provisions 
of  this  act  in  any  way  interfere  with  any  proper  officer  of  the  state  of  Nebraska 
in  entering  upon  said  reservations  for  the  purpose  of  assessment  or  collecting 
any  taxes  due  said  state.  Nor  shall  any  of  the  provisions  of  this  act  prevent  the 


NEVADA NEW   HAMPSHIRE.  241 

enforcement  on  said  military  reservations  of  chapter  fifty  (50)  of  the-Xtompiled 
Statutes  relating  to  the  license  and  sale  of  intoxicating  liquors. 

SEC.  2.  That  section  ten  (10),  article  thirteen  (13),  chapter  eighty-three 
(83),  as  now  existing  is  hereby  repealed,  and  this,  the  section  substituted  in  its 
stead:  Provided,  That  all  suits  pending  and  all  rights  acquired  under  section 
hereby  repealed  shall  be  saved  the  same  as  though  said  section  had  continued 
in  force.  (Approved  Mar.  29,  1889.  Compiled  Stats,  of  Nebr.,  1901,  p.  1137, 
sec.  5102.) 

See  also  "  General  act  of  cession,"  and  Appendix,  page  508,  post. 

NEVADA. 

No  military  reservations. 

NEW  HAMPSHIRE. 

GENERAL  ACT  OF  CESSION. 

SECT.  1.  The  jurisdiction  of  this  state  is  hereby  ceded  to  the  United  States 
of  America  over  all  such  pieces  or  parcels  of  land  within  the  limits  of  this  state 
as  have  been  or  shall  hereafter  be  selected  and  acquired  by  the  United  States 
for  the  purpose  of  erecting  post-offices,  custom  houses,  or  other  structures 
exclusively  owned  by  the  United  States  and  used  for  its  purposes:  Provided 
that  an  accurate  description  and  plat  of  such  lands  so  acquired,  verified  by  the 
oath  of  some  officer  of  the  United  States  having  knowledge  of  the  facts,  shall  be 
filed  with  the  governor  of  this  state:  And  provided  further,  that  this  cession 
is  upon  the  express  condition  that  the  state  of  New  Hampshire  shall  retain  con- 
current jurisdiction  with  the  United  States  in  and  over  all  lands  acquired  or 
hereafter  acquired  as  aforesaid,  so  far  as  that  all  civil  and  criminal  process 
issuing  under  authority  of  this  state  may  be  executed  on  the  said  lands,  and  in 
any  buildings  erected  or  to  be  erected  thereon,  in  the  same  way  and  manner 
as  if  this  act  had  not  been  passed ;  and  exclusive  jurisdiction  shall  revert  to 
and  revest  in  this  state  whenever  the  said  lands  shall  cease  to  be  the  property 
of  the  United  States. 

SECT.  2.  The  lands  aforesaid,  when  acquired,  shall  be  forever  exempt  from 
all  taxes  and  assessments  so  long  as  the  same  shall  remain  the  property  of  the 
United  States.  (Approved  June  14,  1883.  N.  H.  Laws,  1883,  p.  5.)  See,  alsd, 
Public  Statutes  and  General  Laws  in  force  January  1,  1901,  page  59. 

FORT  CONSTITUTION. 

This  reservation  is  situated  in  the  town  of  Newcastle,  in  Kocking- 
ham  County,  on  a  rocky  projection  in  the  Piscataqua  River,  at  the 
entrance  to  the  harbor  of  the  city  of  Portsmouth.  It  is  about  3  miles 
below  the  city,  on  the  west  side  of  the  river,  on  the  eastern  end  of 
"  Great  Island,"  being  the  most  eastern  end  of  New  Hampshire,  and 
contains  about  12  acres,  with  metes  and  bounds,  as  given  in  G.  O. 
57,  W.  D.,  April  16,  1908.  It  was  formerly  an  English  fort  called 
"  William  and  Mary,"  and  was  occupied  by  the  United  States  troops 
in  1806. 

Title. — The  title  to  the  original  reservation  was  acquired  and  juris- 
diction ceded  to  the  United  States  by  acts  of  the  State  legislature  of 
February  14,  1791,  and  June  18,  1807. 

Under  authority  of  an  act  of  Congress  approved  June  6,  1900  (31 
Stat.,  624),  the  reservation  was  increased  by  the  following  additions: 

1.  Deed  from  Justin  H,  Yeaton  and  wife,  dated  July  19,  1902, 


242  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

conveying  3,575  square  feet  of  land.    Recorded  in  liber  595,  folio  26, 
of  the  records  of  Rockingham  County. 

2.  Deed  from  the  heirs  of  Eben  Yeaton,  dated  July  19,  1902,  con- 
veying 4,900  square  feet  of  land.    Recorded  in  liber  595,  folio  20,  of 
same  records. 

3.  Deed  from  the  heirs  of  Sylvester  Yeaton,  dated  July  19,  1902, 
conveying  certain  land  therein  described.     Recorded  in  liber  595, 
page  21,  of  same  records. 

4.  Deed  from  Mary  C.  Pridham,  dated  July  19,  1902,  conveying 
about  3,266  square  feet  of  land.    Recorded  in  'liber  595,  folio  22,  of 
same  records. 

5.  Deed  from  John  H.  Rull,  dated  July  19,  1902,  convejdng  about 
1,020.8  square  feet  of  land.    Recorded  in  liber  595,  folio  23  of  same 
records. 

6.  Deed  from  Eliza  A.  Rand,  dated  July  19,  1902,  conveying  cer- 
tain land  therein  described.    Recorded  in  liber  595,  folio  27,  of  same 
records. 

7.  Deed  from  William  H.  Thompson,  dated  July  19,  1902,  convey- 
ing certain  land  therein  described.    Recorded  in  liber  595,  folio  24, 
of  same  records. 

8.  Deed  from  Frank  Jones,  dated  July  19,  1902,  conveying  certain 
land  therein  described.     Recorded  in  liber  595,  folio  35,  of  same 
records. 

9.  Deed  from  Ellen  F.  Osgood,  dated  July  19,  1902,  conveying  cer- 
tain land  therein  described.    Recorded  in  liber  595,  folio  25,  of  same 
records. 

10.  Deed  from  Alice  G.  Stewart,  dated  August  4,  1902,  conveying 
certain  land  therein  described.    Recorded  in  liber  595,  folio  159,  of 
same  records. 

11.  Deed  from  Catherine  T.  Preble,  administratrix,  dated  Novem- 
ber 29,  1902,^  convey  ing  certain  land  therein  described.    Recorded  in 
liber  588,  folio  148,  of  same  records. 

Jurisdiction. — The  two  acts  of  the  State  legislature  referred  to 
above  as  ceding  jurisdiction  appear  below : 

Be  it  enacted,  etc.,  that  one  acre  and  three-quarters  of  an  acre  of  a  certain 
neck  of  land  situate  in  Newcastle,  on  Great  Island,  at  the  entrance  or  IMs- 
cataqua  River,  commonly  called  Fort  Point,  to  begin  at  the  northeasterly  ex- 
tremity of  said  point,  and  to  run  southwesterly,  carrying  the  whole  width  of 
said  neck  of  land,  until  a  line  crossing  said  neck  south  forty  degrees  east  shall 
complete  the  n  "oresaid  acre  and  three-quarters  of  an  acre  of  land,  together  with 
the  fort  and  light-house  thereon,  be,  and  hereby  are  ceded  to  and  vested  in  the 
United  States  of  America,  with  all  the  jurisdiction  thereof  which  is  not  reserved 
by  this  Act:  Provided,  nevertheless,  and  be  it  further  enacted,  That  if  the 
United  States  shall  at  any  time  neglect  to  keep  lighted,  and  in  repair  said  light- 
house, the  cession  aforesaid  shall  in  that  case  be  utterly  void  and  of  no  effect : 
Provided,  also,  That  all  writs,  warrants,  executions  and  all  other  processes  of 
every  kind,  both  civil  and  criminal  issuing  under  the  authority  of  this  State,  or 
any  officer  thereof,  may  be  served  and  executed  on  any  part  of  said  land,  or  in 
said  fort,  or  any  other  building  which  now  is,  or  hereafter  may  be  erected  upon 
the  premises  aforesaid,  in  the  same  way  and  manner  as  though  this  act  had  not 
been  passed.  (Passed  Feb.  14,  1791.) 

Be  it  enacted,  etc.,  That  the  remainder  of  the  land  at  said  Newcastle,  belong- 
ing to  this  State,  being  about  one  acre  and  one  half  of  an  acre  more  or  less,  be 
and  hereby  is  ceded  to  and  vested  in  the  United  States  of  America,  with  all  the 
jurisdiction  thereof  which  is  not  reserved  by  this  act:  Provided,  nevertheless, 
and  he  it  further  enacted,  That  all  writs,  warrants,  executions,  and  all  other 
processes  of  every  kind,  both  civil  and  criminal  issuing  under  the  authority  of 


NEW    HAMPSHIRE.  243 

this  State,  or  any  officer  thereof,  may  be  served  and  executed  on  any  part  of 
said  land,  or  in  any  fort  or  other  building  which  now  is  or  hereafter  may  be 
erected  upon  said  premises  in  the  same  way  and  manner  as  though  this  act  had 
not  been  passed.  (Approved  June  18,  1807.) 

See  also  "  General  act  of  cession." 

MILITIA  TARGET  RANGE   (MANCHESTER  RANGE). 

This  range  is  situated  near  Auburn,  in  Kockingham  County  about 
4  miles  from  the  city  of  Manchester,  and  contains  an  area  of  about 
138.62  acres. 

Title. — Deed  from  the  Manchester  Battalion  Rifle  Range  Associa- 
tion (Inc.),  dated  December  4,  1911,  conveying  the  entire  premises. 
Recorded  in  volume  645,  page  367,  of  the  deed  records  of  Rockingham 
County. 

NEWCASTLE    (RESERVATION   NEAR). 

This  reservation  is  situated  between  Forts  Stark  and  Constitution 
in  the  town  of  Newcastle,  in  Rockingham  County,  and  comprises  an 
area  of  32.281  acres. 

Title. — 1.  Deeds  from  Cyrus  P.  Batchelder  (widower) ,  dated  May 
10, 1909 ;  Grace  B.  Guildford  et  vir.,  dated  May  10, 1909 ;  and  Theresa 
R.  Hixon  et  vir.,  dated  May  8, 1909 ;  each  conveying  a  one-third  inter- 
est in  the  premises  commonly  called  "Little  Bars,"  known  also  as 
"  Rand  estate,"  containing  5.426  acres.  Recorded  in  liber  645,  at  folios 
45,  46,  and  47,  respectively,  of  the  deed  records  of  Rockingham 
County. 

2.  Deed  from  Barrett  Wendell  et  al.,  dated  July  5, 1910,  conveying 
22.105  acres  of  the  Jacob  Wendell  estate.    Recorded  in  volume  653, 
page  64,  of  the  same  records. 

3.  Deed  from  Prescott  H,  Belknap  et  al.,  dated  January  20,  1911, 
conveying  three  undivided  quarters  of  4.75  acres.    Recorded  in  volume 
663,  page  113,  of  same  records. 

4.  Deed  from  Henry  P.  Clark  et  al.,  dated  December  29,  1910, 
conveying  an  undivided  one-fourth  interest  in  the  same  premises. 
Recorded  in  volume  663,  page  117,  of  same  records. 

Jurisdiction. — See  "  General  act  of  cession." 

Plat  and  description  of  lands,  properly  verified,  mailed  to  the 
governor  of  the  State  for  file  January  21, 1915. 

PORTSMOUTH    (RESERVATION    AT). 

This  reservation  is  situated  upon  Sagamore  Creek,  partly  in  the 
city  of  Portsmouth  and  partly  in  the  town  of  Rye,  in  Rockingham 
County,  and  contains  an  area  of  about  60  acres. 

Title. — Deed  from  Josiah  F.  Adams  dated  June  10, 1908,  conveying 
the  entire  tract.  Recorded  in  liber  639,  folio  235,  of  the  records  of 
Rockingham  County. 

Lease. — For  five  years  from  December  15, 1912,  to  Frank  Trefethen 
of  entire  reservation. 

Jurisdiction. — See  "  General  act  of  cession." 


244  UNITED    STATES    MILITAKY   RESERVATIONS,  ETC. 

Plat  and  description  of  lands,  properly  verified,  filed  with  the 
governor  of  the  State  September  29,  1908. 

PORTSMOUTH  GUN  HOUSE. 

This  reservation  is  situated  in  the  city  of  Portsmouth,  in  Rocking- 
ham  County,  and  contains  an  area  of  5,760  square  feet. 

Title. — Deed  from  the  selectmen  of  the  town  of  Portsmouth  dated 
August  20,  1808,  conveying  the  above  lot.  Recorded  in  liber  4,  folio 
51,  et  seq.,  of  the  deed  records  of  Rockingham  County,  in  Portsmouth. 

Jurisdiction. — See  "  General  act  of  cession." 

FORT  STARK. 

This  reservation  is  situated  in  the  town  of  Newcastle,  in  Rocking- 
ham County,  and,  exclusive  of  right  of  way,  contains  10  acres,  more 
or  less. 

Title. — 1.  Deed  from  John  Lamprey  and  wife,  dated  March  14, 
1873,  conveying  land  known  as  Point  Jerry.  Recorded  in  book  442, 
page  261,  of  the  deed  records  of  Rockingham  County. 

2.  Deed  from  John  A.  Lamprey  et  al.,  dated  March  14,  1873,  con- 
veying above  premises.     Recorded  in  book  438,  page  — ,  of  same 
records. 

3.  Deed  from  Samuel  E.  Barrett  et  ux.,  dated  December  17,  1907, 
conveying  right  of  way  for  water  pipes  or  mains,  and  for  conduits 
for  electric  wires,  etc.    Recorded  in  volume  640,  page  165,  of  same 
records. 

4.  Deed  from  Emily  M.  Niles,  dated  October  6,  1908,  conveying 
right  of  way  for  same  purposes.    Recorded  in  volume  640,  page  166, 
of  same  records. 

Revocable  license. — September  22,  1910,  to  S.  E.  Barrett  to  make 
connection  with  post  water-pipe  line  and  to  install  hydrant  for  fire 
protection  only. 

Jurisdiction. — There  is  no  special  act  ceding  jurisdiction  over  this 
battery  to  the  United  States,  but  jurisdiction  is  believed  to  have  been 
ceded  by  the  general  act  of  the  State  legislature  approved  July  12, 
1871,  which  provides  as  follows : 

SECTION  1.  That  the  consent  of  the  legislature  of  the  State  of  New  Hampshire 
be,  and  the  same  is  hereby,  given  to  the  purchase  by  the  government  of  the 
United  States,  or  under  the  authority  of  the  same,  of  any  tract,  piece,  or  parcel 
of  land,  from  any  individual  or  individuals,  bodies  politic  or  corporate,  within 
the  boundaries  or  limits  of  the  State,  for  the  purpose  of  erecting  therein  light- 
houses and  other  needful  public  buildings  whatever ;  and  all  deeds,  conveyances 
of  title  papers  for  the  same,  shall  be  recorded,  as  in  other  cases,  upon  the  land 
records  of  the  county  in  which  the  land  so  conveyed  may  lie;  and  in  like  manner 
may  be  recorded  a  sufficient  description,  by  metes  and  bounds,  courses  and 
distances  of  any  tract  or  tracts,  legal  divisions  of  any  public  land  belonging  to 
the  United  States,  which  may  be  set  apart  by  the  general  government  for  any  or 
either  of  the  purposes  before  mentioned,  by  an  order,  patent,  or  other  official 
document  or  papers  so  describing  such  land.  The  consent  herein  and  hereby 
given  being  in  accordance  with  the  seventeenth  clause  of  the  eighth  section  of 
the  first  article  of  the  constitution  of  the  United  States,  and  with  the  acts  of 
Congress  in  such  cases  made  and  provided. 

SEC.  2.  The  lots,  parcels,  or  tracts  of  land,  so  selected,  together  with  the 
tenements  and  appurtenances  for  the  purposes  before  mentioned,  shall  be  held 
exempt  from  taxation  by  the  State  of  New  Hampshire. 

See  also  "  General  act  of  cession." 


tJNlTEt)  STATES   MILITARY  RESERVATIONS,  ETC.  245 

NEW  JERSEY. 

BAYSIDE  (POINT  COMFORT). 

This  reservation  is  situated  near  Point  Comfort,  in  the  township 
of  Middletown,  in  Monmouth  County,  and  contains  an  area  of  25.734 
acres. 

Title. — Deed  from  James  F.  Thomson  and  wife,  dated  May  20, 
1892,  conveying  25.734  acres.  Recorded  in  book  501,  page  §41,  etc., 
of  the  deeds  records  of  Monmouth  County. 

Jurisdiction. — Ceded  to  the  United  States  by  an  act  of  the  State 
legislature  approved  March  7,  1893,  which,  after  describing  in  the 
preamble  the  lands  above  conveyed,  provides  as  follows: 

SECTION  1.  Be  it  enacted,  etc.,  That  the  consent  of  the  State  of  New  Jersey  is 
hereby  given  to  the  acquisition  by  the  United  States  of  the  tract  or  parcel  of 
land  above  described,  and  the  same  is  hereby  ceded  to  the  United  States  of 
America ;  upon  the  said  land  so  acquired  the  United  States  may  erect  fortifica- 
tions, barracks,  and  other  public  buildings,  for  the  defence  of  the  southern  or 
main  entrance  to  New  York  harbor,  and  the  United  States  shall  have,  hold, 
occupy  and  own  said  land  thus  acquired,  and  exercise  jurisdiction  and  control 
over  the  same  and  every  part  thereof  subject  to  the  restrictions  hereafter  men- 
tioned ;  the  same,  however,  not  to  be  used  for  quarantine  purposes. 

SEC.  2.  And  be  it  enacted,  That  the  jurisdiction  hereby  ceded  shall  vest  when 
a  plat  and  description  of  the  land  thus  acquired  shall  have  been  filed  in  the 
office  of  the  secretary  of  state  of  the  State  of  New  Jersey ;  such  jurisdiction 
shall  continue  no  longer  than  the  United  States  shall  own  such  land,  and  such 
consent  is  given  and  jurisdiction  ceded  upon  the  express  condition  that  the  State 
of  New  Jersey  shall  retain  concurrent  jurisdiction  with  the  United  States  in 
and  over  such  land  so  far  as  that  all  civil  processes  in  all  cases,  and  such 
criminal  and  other  processes  as  may  issue  under  the  laws  or  authority  of  the 
State  of  New  Jersey  against  any  person  or  persons  charged  with  crimes,  misde- 
meanors or  criminal  offences  committed  within  the  State  may  be  executed 
thereon,  in  the  same  way  and  manner  as  if  such  consent  had  not  been  given  or 
jurisdiction  ceded,  except  so  far  as  such  processes  may  affect  the  real  or  per- 
sonal property  of  the  United  States. 

SEC.  3.  And  be  it  enacted,  That  so  long  as  such  land  thus  acquired  shall 
remain  the  property  of  the  United  States,  and  no  longer,  the  same  shall  be  and 
continue  exonerated  from  all  taxes,  assessments  and  other  charges  which  may  be 
levied  or  imposed  under  the  authority  of  the  State.  (Gen'l  Stats,  of  N.  J.,  p. 
3483,  sec.  61.) 

BEVERLY  NATIONAL  CEMETERY. 

This  cemetery  is  situated  at  Beverly,  in  Burlington  County,  and 
contains  an  area  of  1  acre. 

Title. — Deed  from  Joseph  Weyman,  dated  August  25, 1864,  convey- 
ing 1  acre,  etc.  Recorded  in  book  C  7,  page  270,  etc.,  of  the  deed 
records  of  Burlington  County,  at  Mount  Holly. 

Jurisdiction. — Ceded  to  the  United  States  by  an  act  of  the  State 
legislature,  approved  March  19,  1872,  providing  as  follows: 

Be  it  enacted,  etc.,  That  the  consent  of  the  State  be,  and  the  same  is  hereby 
given  to  the  purchase  by  the  United  States  of  that  certain  piece  of  ground 
occupied  as  a  national  cemetery,  situate  near  Beverly,  in  the  county  of  Burling- 
ton, and  known  and  described  as  follows :  *  *  *  being  the  same  conveyed 
by  Joseph  Weyman  to  the  United  States  by  deed  dated  August  twenty-fifth, 
eighteen  hundred  and  sixty-four. 

FINNS    POINT   NATIONAL    CEMETERY. 

Part  of  Fort  Mott  Reservation,  and  contains  an  area  of  2J  acres. 
Title  and  jurisdiction. — See  "  Fort  Mott." 


246  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

FORT  HANCOCK. 

This  reservation  is  situated  upon  Sandy  Hook,  in  Monmouth 
County,  and  contains  an  area  of  1,366  acres.  It  comprises  also  a 
narrow  strip  of  land  connecting  the  peninsula  with  the  mainland  of 
Navesink  Highlands,  authorized  to  be  purchased  by  act  of  Congress 
approved  July  23, 1892  (27  Stat,  259). 

Title. — 1.  Deed  from  Richard  Hartshorn  et  al.,  dated  February  26, 
1806,  conveying  Sandy  Hook  Point.  Recorded  in  book  2,  folio  442, 
etc.,  of  the  deed  records  of  Monmouth  County. 

2.  Deed  from  Richard  Hartshorn  and  wife,  dated  June  17,  1817, 
conveying  the  remainder  of  Sandy  Hook,  excepting  the  lighthouse 
tract.     Recorded  in  book  A  2,  folio  25,  etc.,  of  same  records. 

3.  Release  of  mortgage  from  Ann  Ustick  to  the  United  States, 
dated  June  17,  1817,  conveying  her  interest  in  above  tract. 

4.  Deed  from  the  Highland  Beach  Association,  dated  July  27, 1892, 
conveying  lots  2  to  22,  inclusive,  and  all  riparian  rights,  etc.,  with 
right    of    way,    etc.     Recorded    in    book    516,    page    331,    etc.,    of 
same  records.     This  deed  excepts  property  of  New  Jersey  Southern 
Railway  Co. 

5.  Deed  from  the  Atlantic  Highlands  Association,  dated  July  29, 

1892,  conveying  lot  1  and  riparian  rights,  etc.     Recorded  in  book  516. 
page  327,  etc.,  of  same  records.     This  deed  also  excepts  property  of 
New  Jersey  Southern  Railway  Co. 

6.  Deed  from  the  New  Jersey  Southern  Railway  Co.,  dated  May  1, 

1893,  conveying  the  land  reserved  by  above  deeds  aggregating  132,000 
square  feet,  together  with  certain  railroad  property.     Recorded  in 
book  520,  page  252,  etc.,  of  same  records. 

7.  Deed  from  riparian  commissioners  of  the  State  of  New  Jersey, 
dated  December  22,  1909,  conveying  a  tract  of  submerged  land  re- 
quired for  the  construction  and  maintenance  of  the  post  sewer  outlet. 
Acceptance  authorized  by  act  of  Congress  approved  June  25,  1910 
(36  Stat.,  722).     Recorded  in  book  884,  page  178  et  seq.,  of  same 
records. 

Leases. — May  31,  1911,  to  the  Western  Union  Telegraph  Co.,  for 
5  years  from  June  1,  1911,  of  that  portion  of  the  reservation  occupied 
by  its  buildings  at  the  time  of  the  execution  of  said  lease,  granting 
permission  also  to  said  lessee  to  maintain  its  wires  already  on  the  res- 
ervation and  revoking:  prior  revocable  licenses  of  March  31,  1853,  and 
June  2,  1877. 

May  31,  1911,  to  the  Postal  Telegraph-Cable  Co.,  of  New  Jersey, 
for  5  years  from  June  1, 1911,  of  that  portion  of  the  reservation  occu- 
pied by  its  building  at  the  time  of  the  execution  of  said  lease,  grant- 
ing permission  also  to  the  lessee  to  maintain  its  wires  already  on  the 
reservation  and  revoking  prior  license  to  said  lessee  dated  November 
11,  1897. 

Revocable  licenses. — July  24, 1882,  to  Treasury  Department  to  erect 
frame  building  for  the  temporary  storing  of  boats  and  other  life-sav- 
ing appliances. 

December  17,  1885,  to  inspector  of  life-saving  stations  to  change 
location  of  station  at  Sandy  Hook. 

April  12,  1889,  to  Treasury  Department  to  change  location  of 
life-saving  station  at  Sandy  Hook. 


NEW    JERSEY.  247 

January  21,  1892,  to  Treasury  Department  to  place  a  fog  signal 
on  "  the  wrecks  "  at  Sandy  Hook. 

April  26,  1892,  to  Treasury  Department  to  run  land  wires  from 
dynamo  house  to  connect  with  cable  for  purpose  of  lighting  turning 
buoy. 

August  29,  1894,  to  Treasury  Department  to  land  telephone  cable 
for  use  of  Lighthouse  Board. 

January  3,  1895,  to  Treasury  Department  to  increase  size  of  lot 
occupied  as  life-saving  station. 

June  17, 1902,  to  international  committee  of  Young  Men's  Christian 
Association  to  erect  and  maintain  a  building  on  the  reservation. 
License  given  in  accordance  with  act  of  Congress  approved  May  31. 
1902  (32Stat.,  282). 

December  9,  1904,  to  Postal  Telegraph-Cable  Co.  for  water  supply 
and  sewer  for  its  building. 

July  2,  1906,  to  Weather  Bureau,  Department  of  Agriculture,  to 
erect  meteorological  observatory. 

April  11,  1910,  to  First  Sergt.  Eugene  Hatley,  Seventy-sixth  Com- 
pany, Coast  Artillery  Corps,  to  move  a  house  from  Sandy  Hook 
proving  grounds  and  erect  the  same  upon  the  reservation. 

December  26,  1912,  to  Department  of  Commerce  and  Labor  to  lay 
water  pipe  and  obtain  water  from  Government  main  for  use  at  North 
Hook  fog  signal  station. 

June  28,  1913,  to  Department  of  Agriculture  to  occupy  a  strip  of 
land  150  feet  wide  across  Sandy  Hook  for  a  site  for  a  building  for 
the  Weather  Bureau. 

November  19,  1914,  to  the  Western  Union  Telegraph  Co.  to  lay 
water  pipe  and  obtain  water  from  Government  main  for  use  in  its 
telegraph  tower  on  the  reservation. 

August  26,  1914,  to  the  Department  of  Commerce  for  occupancy 
by  the  Lighthouse  Service  of  certain  sites  for  the  location  of  its  build- 
ings, etc.,  on  the  reservation.  Location  agreed  to  by  Department  of 
Commerce  September  23,  1914. 

August  26,  1914,  to  the  Treasury  Department  for  occupancy  by 
the  Life-Saving  Service  of  site  on  reservation.  Location  of  site 
agreed  to  by  said  department  September  29,  1914. 

August  5,  1915,  to  the  New  York  Telephone  Co.  to  use  certain 
Government  wires,  to  install  and  maintain  5  telephone  circuits  with 
branch  lines  to  connect  the  same  writh  the  various  buildings,  and  to 
install  and  maintain  4  coin-box  public  telephones. 

Jurisdiction. — Ceded  to  the  United  States  by  acts  of  the  State 
legislature  approved  November  16,  1790,  March  12,  1846,  and  March 
22,  1898,  which  provide  as  follows : 

SECTION  1.  Be  it  enacted  by  the  Council  and  General  Assembly  of  this  State, 
and  it  is  hereby  enacted  by  the  authority  of  the  same,  that  the  jurisdiction  of 
this  State  in  and  over  a  lot  of  land  situate  at  the  point  of  Sandy  Hook,  in  the 
County  of  Monmouth,  containing  4  acres,  on  which  a  light-house  and  other 
buildings  are  erected,  shall  be,  and  the  same  is  hereby,  ceded  to  and  vested  in 
the  United  States  of  America  forever  hereafter.  (Act  of  Nov.  16,  1790.) 

1.  Be  it  enacted,  etc.,  That  the  jurisdiction  in  and  over  all  that  portion  of 
Sandy  Hook,  in  the  county  of  Monmoutl),,  owned  by  the  United  States,  lying 
north  of  an  east-and-west  line  through  the  mouth  of  Youngs  creek  at  low  water, 
and  extended  across  the  island  or  cape  of  Sandy  Hook  from  shore  to  shore,  and 
bounded  on  all  other  sides  by  the  sea  and  Sandy  Hook  bay,  be,  and  the  same  is 
hereby  ceded  to  the  United  States,  for  military  purposes;  and  the  said  United 


248  UNITED    STATES    MILITAKY    RESERVATIONS,  ETC. 

States  shall  retain  such  jurisdiction  so  long  as  the  said  tract  shall  be  applied 
to  the  military  or  public  purposes  of  said  United  States,  and  no  longer. 

2.  And  be  it  enacted,  That  the  jurisdiction  ceded  in  the  first  section  of  this 
act,  shall  not  prevent  the  execution  on  the  said  tract  of  land  of  any  process,  civil 
or  criminal,  under  the  authority  of  this  State,  except  so  far  as  such  process  may 
affect  any  of  the  real  or  personal  property  of  the  United  States  of  America 
within  the  said  tract;  nor  shall  it  prevent  the  operation  of  the  public  laws  of 
this  State  within  the  bounds  of  the  said  tract,  so  far  as  the  same  may  not  be 
incompatible  with  the  free  use  and  enjoyment  of  the  said  premises  by  the 
United  States  for  the  purposes  above  specified. 

3.  And  be  it  enacted,  That  all  the  lands  and  tenements  within  the  aforesaid 
boundaries,  so  long  as  the  same  shall  continue  the  property  of  the  United  States, 
and  be  used  for  the  purposes  expressed  in  this  act,  shall  be  and  remain  exempted 
from  all  taxes,  assessments,  and  other  charges  which  may  be  imposed  under  the 
authority  of  this  State.     (Act  of  Mar.  12,  1846.) 

The  act  of  the  State  legislature  approved  March  22,  1898  (Laws 
of  New  Jersey,  1898,  p.  142),  gives  consent  to  the  purchase  of  the  22 
lots  conveyed  by  deeds  numbered  4,  5,  and  6,  ante,  and  ceded  jurisdic- 
tion thereover — 

upon  the  express  condition  that  the  state  of  New  Jersey  shall  retain  concurrent 
jurisdiction  with  the  United  States  in  and  over  such  land  so  far  as  that  all 
civil  processes  in  all  cases,  and  such  criminal  and  other  processes  as  may  issue 
under  the  laws  or  authority  of  the  state  of  New  Jersey  against  any  person  or 
persons  charged  with  crimes,  misdemeanors  or  criminal  offenses  committed 
within  the  state  may  be  executed  thereon,  in  the  same  way  and  manner  as  if 
such  consent  had  not  been  given  or  jurisdiction  ceded,  except  so  far  as  such 
processes  may  affect  the  real  or  personal  property  of  the  United  States. 

FORT  MOTT. 

This  reservation,  formerly  called  Finn's  Point,  is  situated  on  the 
Delaware  River  in  the  township  of  Lower  Penns  Neck,  6  miles  from 
the  town  of  Salem,  in  Salem  County,  and,  including  Finn's  Point 
National  Cemetery,  contains  an  area  of  140.10  acres  of  land,  with 
metes  and  bounds  as  given  in  G.  O.  81,  W.  D.,  April  9,  1907. 

Title. — 1.  Deed  from  John  G.  Mason  et  al.,  executors,  etc.,  dated 
July  15,  1837;  conveying  104.35  acres.  Recorded  in  liber  U  U,  folio 
85,  etc.,  of  the  deed  records  of  Salem  County. 

2.  Decree  of  condemnation  for  41.75  acres,  in  a  cause  entitled  the 
United  States  v.  Edward  S.  Sharp,  in  the  district  court  of  the  United 
States  for  the  district  of  New  Jersey.  Rendered  March  11, 1901,  and 
affirmed  per  mandate  of  Supreme  Court  of  the  United  States  June 
29,  1904.  Decree  filed  in  clerk's  office  of  district  court,  district  of 
New  Jersey. 

Jurisdiction. — Jurisdiction  over  the  tract  acquired  in  1837  was 
ceded  to  the  United  States  by  acts  of  the  State  legislature,  approved 
April  6, 1871,  and  February  1, 1872,  which  provide  as  follows : 

Be  it  enacted,  etc.,  That  the  consent  of  the  State  be,  and  the  same  is  hereby, 
given  to  the  erection  of  defenses  on  Finn's  Point  by  the  United  States;  the 
consent  herein  and  hereby  given  being  as  provided  in  the  seventeenth  clause 
of  the  eighth  section  of  the  first  article  of  the  constitution  of  the  United  States, 
and  in  the  acts  of  Congress  in  such  case  made  and  provided.  (Approved  Apr. 
6,  1871.) 

Be  it  enacted,  etc.,  That  the  act  entitled  "An  act  giving  the  consent  of  the 
State  of  New  Jersey  to  the  erection  of  defenses  at  Finn's  Point,  New  Jersey," 
approved  April  sixth,  1871,  shall  be  so  construed  as  to  give  the  consent  of  the 
State  to  the  purchase  by  the  United  States  of  the  land  on  Finn's  Point,  for  the 
erection  of  fortifications  thereon.  (Approved  Feb.  1,  1872.) 


NEW    JEKSEY.  249 

By  act  approved  February  13,  1900  (Laws  of  New  Jersey,  1900,  p. 
11),  consent  was  given  and  jurisdiction  ceded  over  the  41.75  acres 
acquired  under  decree  of  March  11,  1901,  affirmed  in  1904  (No.  2, 
ante)  — 

upon  the  express  condition  that  the  State  of  New  Jersey  shall  retain  concur- 
rent jurisdiction  with  the  United  States  in  and  over  the  said  land,  so  far  as  that 
all  civil  process  in  all  cases,  and  such  criminal  or  other  process  asjmay  issue 
under  the  laws  or  authority  of  the  State  of  New  Jersey  against  any  person  or 
persons  charged  with  crimes  or  misdemeanors  committed  within  the  State,  may 
be  executed  therein  in  the  same  way  and  manner  as  if  said  consent  had  not  been 
given  or  jurisdiction  ceded,  except  so  far  as  such  process  may  affect  the  real 
or  personal  property  of  the  United  States. 

PICATINNY  ARSENAL    (UNITED  STATES  POWDER  DEPOT). 

This  reservation  is  situated  in  the  townships  of  Rockaway  and 
Jefferson,  in  Morris  County,  and  contains  1,551.12  acres.  It  origi- 
nally comprised  1.866.12  acres,  of  which  315  acres  were  transferred  to 
the  Navy  Department  by  authority  of  act  of  Congress  approved 
February  24,  1891  (26  Stat.,  770). 

Title.— I.  Deed  from  George  E.  Righter,  dated  June  26,  1880,  con- 
veying 1,195.80  acres.  Recorded  in  book  L  10,  page  16,  etc.,  of  the 
deed  records  of  Morris  County. 

2.  Deed  from  Uel  H.  Wiggins  and  wife,  dated  July  17,  1880.,  con- 
veying 167.32  acres.     Recorded  in  book  L  10,  page  22,  etc.,  of  same 
records. 

3.  Deed  from  Edward  C.  Fiedler  and  wife  et  al.,  dated  July  30, 
1880,  conveying  304.20  acres.     Recorded  in  book  L  10,  page  315,  etc., 
of  same  records. 

4.  Deed  from  Henry  Doland  et  al.,  dated  August  20,  1880,  convey- 
ing 11  acres.     Recorded  in  book  M  10,  page  463,  etc.,  of  same  records. 

5.  Deed  from  John  E.  Kindred,  dated  March  5,  1881,  conveying 
187.80  acres.     Recorded  in  book  N  10,  page  328,  etc.,  of  same  records. 

6.  Deed  from  Lewis  H.  Spiser  and  wife,  dated  May  12,  1881,  con- 
veying strip  of  land  for  roadway.     Recorded  in  book  O  10,  page  430, 
of  same  records. 

7.  Lease  for  99  years  from  the  Morris  County  Railroad  Co.,  dated 
February  1,  1887,  of  a  tract  adjoining  the  powder  depot.     Recorded 
in  book  C  12,  page  44  et  seq.,  of  same  records. 

Easement.— Act  of  Congress  approved  May  6,  1886  (24  Stat.,  21), 
granted  a  right  of  way  to  the  Morris  County  Railroad  Co.  Loca- 
tion approved  November  13, 1886. 

Jurisdiction. — Ceded  to  the  United  States  by  the  following  act  of 
the  State  legislature,  approved  March  10,  1880 : 

Be  it  enacted,  etc.,  That  the  consent  of  the  legislature  of  New  Jersey  be, 
and  the  same  is  hereby  given,  to  the  purchase  by  the  government  of  the  United 
States,  or  under  the  authority  of  the  same,  of  any  tract,  piece  or  parcel  of  land 
from  any  individual  or  Individuals,  bodies  politic  or  corporate,  within  the 
boundaries  or  limits  of  the  State,  for  the  purpose  of  erecting  thereon  magazines 
and  other  needful  buildings  to  be  used  as  a  powder  depot  for  the  ordnance  de- 
partment of  the  United  States  Army ;  and  all  deeds,  conveyances  of  title  papers 
for  the  same,  shall  be  recorded  as  in  other  cases  upon  the  land  records  of  the 
county  in  which  the  land  so  conveyed  may  be;  the  consent  herein  and  hereby 
given  being  in  accordance  with  the  seventeenth  clause  of  the  eighth  section  of  the 
first  article  of  the  constitution  of  the  United  States,  and  with  the  acts  of  Con- 
gress in  such  cases  made  and  provided. 


250  UNITED    STATES    MILITARY    RESERVATIONS,  ETO. 

NEW  MEXICO. 

GENERAL  ACT  OF  CESSION. 

Be  it  enacted  by  the  legislature  of  the  State  of  New  Mexico: 

SECTION  1.  That  the  consent  of  the  State  of  New  Mexico  is  hereby  given,  In 
accordance  with  the  seventeenth  clause,  eighth  section,  of  the  first  article  of  the 
Constitution  of  the  United  States  to  the  acquisition  by  the  United  States,  by 
purchase,  condemnation,  or  otherwise,  of  any  land  in  this  State  required  for 
sites  for  customhouses,  courthouses,  post  offices,  arsenals,  or  other  public  build- 
ings whatever,  or  for  any  other  purposes  of  the  Government. 

SEC.  2.  That  exclusive  jurisdiction  in  and  over  any  land  so  acquired  by  the 
United  States  shall  be,  and  the  same  is  hereby,  ceded  to  the  United  States  for 
all  purposes  except  the  service  upon  such  sites  of  all  civil  and  criminal  process 
of  the  courts  of  this  State ;  but  the  jurisdiction  so  ceded  shall  continue  no  longer 
than  the  United  States  shall  own  such  lands. 

SEC.  3.  The  jurisdiction  ceded  shall  not  vest  until  the  United  States  shall 
have  acquired  the  title  to  said  lands  by  purchase,  condemnation,  or  otherwise; 
and  so  long  as  the  said  lands  shall  remain  the  property  of  the  United  States, 
when  acquired  as  aforesaid,  and  no  longer,  the  same  shall  be  and  continue 
exempt  and  exonerated  from  all  State,  county,  and  municipal  taxation,  assess- 
ment, or  other  charges  which  may  be  levied  or  imposed  under  the  authority 
of  this  State. 

SEC.  4.  That  it  is  necessary  for  the  preservation  of  the  public  peace  and 
safety  of  the  inhabitants  of  the  State  of  New  Mexico,  that  the  provisions  of 
this  act  shall  become  effective  at  the  earliest  possible  time,  and  therefore  an 
emergency  is  hereby  declared  to  exist,  and  this  act  shall  take  effect  and  be  in 
full  force  and  effect  from  and  after  its  passage.  (Approved  June  10,  1912, 
Laws  of  New  Mexico,  1912,  p.  74,  chapter  47.) 

FORT  BAYARD. 

This  reservation  is  situated  2  miles  from  Halls,  on  the  Silver  City 
&  Northern  Railroad,  in  Grant  County,  and  contains  about  14,100 
acres. 

Title. — By  Executive  order  of  April  19,  1869,  the  original  reser- 
vation was  made,  containing  nearly  14  square  miles,  a  post  having 
been  established  thereon  August  21,  1866. 

By  Executive  order  of  July  15,  1905  (G.  O.  145,  W.  D.,  August 
26,  1905),  a  tract  of  28  acres  (28  rods  wide  and  160  rods  long),  lying 
along  the  north  boundary,  was  placed  under  the  control  of  the  Secre- 
tary of  the  Interior  under  act  of  July  5,  1884  (23  Stat,  103),  the 
same  having  been,  through  error  of  Interior  Department,  included 
in  patents  to  a  private  party. 

By  Executive  order  of  July  14,  1906  (G.  O.  134,  W.  D.,  July 
24,  1906),  the  boundaries  were  modified  to  conform  to  plats  of  Gen- 
eral Land  Office,  and  to  include  a  strip  80  links  wide  between  the  west 
boundary  and  the  section  line. 

By  Executive  order  of  May  2,  1914  (No.  1927),  the  public  lands 
situated  in  the  NW.  J  of  the  NW.  J  of  sec.  7,  T.  18  S.,  R.  12  W.,  and 
the  E.  i  of  the  SE.  };  the  S.  J  of  the  NE.  J  and  the  NW.  J  of  sec.  1, 
T.  18  S.,  R,  13  W.,  N.  M.  P.  M.,  were  temporarily  reserved  for  the 
use  of  the  War  Department  in  connection  with  the  construction 
through  said  lands  of  a  military  road  from  the  railroad  station  at 
Bayard  to  Central,  en  route  to  Fort  Bayard.  In  addition  to  the 
above  by  Executive  order  of  June  6, 1914  (No.  1954) ,  the  public  lands 
situated  in  the  NE.  J  of  the  NE.  J  of  sec.  12,  T.  18  S.,  R,  13  W., 
N.  M.  P.  M.,  in  said  State  were  also  temporarily  withdrawn  from 
settlement  in  connection  with  the  construction  of  said  road. 


NEW    MEXICO.  251 

Lands  to  the  north  and  northeast  of  the  reservation,  aggregating 
about  4,493  acres,  were  reserved  and  purchased  for  the  protection  of 
the  water  supply  of  Fort  Bayard,  as  follows : 

1.  Executive  order  of  May  23,  1907   (G.  O.  120,  W.  D.,  June  3, 
1907),  reserving  several  tracts  aggregating  about  1,560  acres  within 
the  limits  of  the  Gila  National  Forest. 

2.  Executive  Order  of  July  23,  1908  (G.  O.  126,  W.  D.,  August  10, 
1908),  reserving  several  tracts  aggregating  about  557  acres. 

3.  Executive  order  of  November  13, 1908  (G.  0. 187,  W.  D.,  Novem- 
ber 25, 1908),  reserving  80  acres. 

4.  Executive  order  of  June  22,  1910  (G.  O.  134,  W.  D.,  July  13, 
1910),  reserving  several  tracts,  aggregating  479  acres,  within  the 
limits  of  the  Gila  National  Forest. 

5.  Executive  order  of  October  22, 1910  (G.  O.  206,  W.  D.,  November 

4,  1910),  reserving  the  S.  E.  J  of  the  N.  W.  i  and  the  S.  W.  \  of  the 
N.  E.  J  of  sec.  18,  T.  17  S.,  E.  12  W.,  of  the  New  Mexico  meridian, 
within  the  limits  of  the  Gila  National  Forest. 

6.  Executive  order  of  April  24, 1911  (G.  O.  59,  W.  D.,  May  6, 1911), 
reserving  the  N.  W.  i  of  the  N.  E.  \  of  sec.  10,  and  the  W.  ^  of  the 

5.  E.  J  and  the  N.  E.  i  of  the  S.  E.  J  of  sec.  3,  in  T.  17  S.,  R  13  W., 
of  the  New  Mexico  meridian,  within  the  limits  of  the  Gila  National 
Forest. 

7.  Warranty   deed   from  Thomas   E.   Harrington,  et  ux.,  dated 
August  31,  1907,  conveying  322.41  acres.    Kecorded  in  book  47,  pages 
79  and  80,  of  the  deed  records  of  Grant  County. 

8.  Quitclaim  deed  from  Frank  W.  Eaton,  jr.,  et  ux.,  dated  August 
21,  1907,  conveying  120  acres.    Recorded  in  book  47,  pages  57  and  58, 
of  same  records. 

9.  Quitclaim  deed  from  Charles  Eaton,  dated  August  21,  1907, 
conveying  160  acres.    Recorded  in  book  47,  page  56,  of  same  records. 

10.  Quitclaim  deed  from  Albert  Eaton,  dated  August  21,  1907,  con- 
veying 160  acres.     Recorded  in  book  47,  pages  56  and  57,  of  same 
records. 

11.  Warranty  deed  from  Minnie  A.  Paeske,  widow,  dated  February 
15,  1908,  conveying  160  acres.    Recorded  in  book  47,  pages  153  and 
154,  of  same  records. 

12.  Warranty  deed  from  Charles  Stephens  et  ux.,  dated  August  20, 
1908,  conveying  26  acres.    Recorded  in  book  47,  pages  238  and  239, 
of  same  records. 

13.  Warranty  deed  from  Melvin  E.  McElvain  et  ux.,  dated  August 
28,  1908,  conveying  344  acres.    Recorded  in  book  47,  pages  81-83,  of 
same  records.    Title  to  this  tract  also  acquired  under  decree  in  con- 
demnation of  March  20,  1908. 

14.  Deed  from  E.  A.  Wayne,  trustee  estate  of  Comanche  Mining  & 
Smelting  Co.,  dated  April  18,  1908,  conveying  certain  subdivisions 
aggregating  612  acres;  also  servitude  for  pipe  lines.     Recorded  in 
book  47,  pages  162-164,  of  same  records. 

15.  Warranty  deed  from  Charles  Stephens  et  ux.,  dated  August  27, 
1907,  conveying  391.7  acres.    Recorded  in  book  47,  pages  80  and  81, 
of  same  records.    Title  to  this  tract  was  also  acquired  under  decree  in 
condemnation  of  March  20,  1908. 

Revocable  licenses. — August  15,  1907,  to  Forest  Service,  Depart- 
ment of  Agriculture,  for  telephone  line. 


252  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

July  25,  1908,  to  Forest  Service,  Department  of  Agriculture,  to  use 
tract  within  the  reservation  for  nursery  purposes. 

Jurisdiction. — Ceded  to  the  United  States  by  act  of  the  State  legis- 
lature approved  March  14,  1913  (chapter  35),  which  provides  as 
follows : 

SECTION  1.  That  exclusive  jurisdiction  be,  and  the  same  is  hereby,  ceded  to 
the  United  States  over  all  the  territory  now  owned  by  the  United  States  and 
comprised  within  the  limits  of  the  military  reservation  of  Fort  Bayard,  in  Grant 
County,  as  declared  from  time  to  time  by  the  President  of  the  United  States, 
and  over  such  lands  as  have  been  or  may  hereafter  be  acquired  for  the  enlarge- 
ment of  said  reservation:  Provided,  however,  That  the  State  of  New  Mexico 
reserves  the  right  to  serve  civil  or  criminal  process  within  said  reservation  in 
suits  or  prosecutions  for  or  on  account  of  rights  acquired,  obligations  incurred, 
or  crime  committed  in  said  State,  but  outside  of  such  cession  and  reservation: 
And  provided  further,  That  the  jurisdiction  herein  ceded  shall  continue  no 
longer  than  the  United  States  shall  own  and  hold  said  reservation  for  military 
purposes. 

FORT  BLISS  TARGET  RANGE. 

This  reservation  is  situated  in  Dona  Ana  County,  and  comprises 
all  the  public  lands  in  Tps.  24  and  25  S.,  R.  4  E.,  New  Mexico  P.  M. 

Title: 

Executive  Order  No.  1450,  dated  December  29,  1911  (S.  O.  30, 
W.  D.,  February  5,  1912),  and  Executive  Order  No.  2280,  dated  De- 
cember 1, 1915,  reserving  said  lands  for  the  purpose  of  a  target  range 
for  Fort  Bliss,  Texas. 

MILITIA   TARGET  RANGE    (NEAR  LINCOLN). 

This  reservation  is  situated  near  Lincoln,  in  Lincoln  County,  and 
comprise  a  total  area  of  about  6,928  acres. 

Title.— By  Executive  order  of  November  2,  1910  (No.  1262),  there 
were  reserved  tracts  aggregating  6,687.95  acres,  the  portions  within 
the  limits  of  the  Lincoln  National  Forest  to  continue  in  reservation 
for  forest  reserve  purposes,  the  military  use,  however,  being  the 
dominant  one.  The  order  also  provided  for  a  tract  of  about  200 
acres  within  the  reserved  area  (NE.  \  and  NE.  ^of  N\V.  |  of  sec,  2, 
T.  8  S.,  R.  17  E.)  to  continue  in  use  as  a  ranger  station  for  the  ranger 
in  charge  of  the  national  forest. 

By  Executive  order  dated  April  1,  1912  (No.  1510),  the  S.  -|  of  sec. 
23  and  all  of  sees.  26  and  35,  T.  7  S.,  R.  17  E.,  were  eliminated  from 
the  forest  reserve,  with  the  proviso  that  the  portions  thereof  reserved 
for  military  purposes  should  remain  subject  to  Executive  Order  No. 
1262,  supra.  It  was  provided  therein  also  that  certain  portions  of 
said  lands  not  reserved  by  the  said  Executive  Order  Xo.  1262,  namelv, 
the  W.  J  of  the  SW.  J  of  sec.  23,  and  the  S.  i  of  the  NE.  i  and  the  N.  4 
of  the  SE.  J  of  sec.  26,  comprising  about  240  acres,  be  also  reserved 
for  military  purposes  as  an  addition  to  the  target  range,  making  the 
total  area  of  said  range  as  stated  above. 

SANTA  FE  NATIONAL  CEMETERY. 

This  reservation  is  situated  at  Santa  Fe,  in  Santa  Fe  County,  and 
contains  an  area  or  9.44  acres. 

Title. — 1.  Deed  from  John  B.  Lamy,  bishop  of  Sante  Fe,  dated 
July  2, 1870,  conveying  a  tract  by  metes  and  bounds  containing  16,900 


NEW    MEXICO.  253 

square  feet.    Recorded  in  book  E,  page  394,  etc.,  of  the  deed  records 
of  Santa  Fe  County. 

2.  Deed  from  John  B.  Lamy,  bishop  of  Santa  Fe,  dated  October 
11,  1875,  conveying  1.95  acres,  with  right  of  way,  etc.    Recorded  in 
book  H,  page  364,  etc.,  of  same  records. 

3.  Decree  of  condemnation  for  7.10  acres  in  the  district  court  of 
the  United  States  for  the  first  judicial  district  of  the  Territory  of 
New  Mexico.     Decree  rendered  January  30,  1894,  and  filed  in  the 
clerk's  office  of  said  court. 

The  above  sale  of  cemetery  property  by  the  bishop  of  Santa  Fe  was 
confirmed  by  an  act  of  the  Legislature  of  the  Territory  of  New 
Mexico,  approved  December  21,  1875. 

Jurisdiction. — Ceded  to  the  United  States  by  act  of  the  State  leg- 
islature approved  March  14,  1913  (chapter  35),  which  provides  as 
follows : 

SECTION  1.  That  exclusive  jurisdiction  be,  and  the  same  is  hereby,  ceded  to 
the  United  States  over  the  tract  of  land  comprised  within  the  cemetery  known 
as  the  Santa  Fe  National  Cemetery,  area  about  nine  and  one-half  acres,  in 
Santa  Fe  County :  Provided,  however,  That  the  State  of  New  Mexico  reserves 
the  right  to  serve  civil  or  criminal  process  within  said  cemetery  reservation  in 
suits  or  prosecutions  for  or  on  account  of  rights  acquired,  obligations  incurred, 
or  crimes  committed  in  said  State,  but  outside  of  said  cemetery  reservation. 

FORT  WINGATE. 

This  reservation  is  situated  in  McKinley  County,  on  the  line  of 
the  Atchison,  Topeka  &  Santa  Fe  Railroad,  successor  to  the  Atlan- 
tic &  Pacific  Railroad,  in  Tps.  13,  14,  and  15  N.,  Rs.  15, 16,  and  17  W., 
New  Mexico  P.  M.,  and  contains  about  115  square  miles. 

Title. — Executive  order  dated  February  18,  1870,  reserving  100 
square  miles  from  the  public  domain  for  military  purposes.  Execu- 
tive order  dated  March  26,  1881,  enlarging  the  reservation  by  the 
addition  thereto  of  30  square  miles,  for  the  purpose  of  supplying  the 
post  with  timber,  etc.,  said  order,  however,  being  ineffectual  as  to  the 
odd-numbered  sections  within  the  addition,  the  rights  of  the  Atlantic 
&  Pacific  Railroad  Co.  having  attached  thereto  prior  to  the  order  of 
reservation. 

By  Executive  order  of  May  31,  1911  (G.  O.  80,  W.  D.,  June  14, 
1911),  this  entire  reservation  was  made  a  part  of  the  Zuni  National 
Forest,  to  be  protected  and  administered  as  national-forest  lands,  but 
to  remain  subject  to  the  unhampered  use  of  the  War  Department  for 
military  purposes,  and  not  to  be  subject  to  any  form  of  appropriation 
or  disposal  under  the  land  laws  of  the  United  States, 

Easement. — The  Atchison,  Topeka  &  Santa  Fe  Railroad  Co.,  suc- 
cessor to  the  Atlantic  &  Pacific  Railroad  Co.,  has  a  right  of  way 
across  the  reservation  under  act  of  Congress  of  July  27,  1866  (14 
Stat.,  294).  See  Railroad  Company  v.  Baldwin  (103  U.  S.,  426). 

Revocable  licenses. — October  2,  1903,  to  John  P.  F.  Bloomfield  to 
occupy  and  use  for  dairy  and  garden  purposes  a  portion  of  the 
reservation  known  as  the  milk  ranch. 

June  27, 1904,  to  the  Santa  Fe  Pacific  Railroad  Co.  to  use  the  water 
from  springs  Nos.  1  and  2,  known  as  West  Spring,  and  to  lay  a  pipe 
therefrom  to  Wingate  Station. 

April  16,  1906,  to  Gallup  Automatic  Telephone  Exchange  for 
telephone  line. 


254  UNITED    STATES    MILITAKY    RESERVATIONS,  ETC. 

July  9,  1907,  to  the  Zimi  Mountain  Lumber  &  Trading  Co.  to  con- 
struct, operate,  and  maintain  two  sawmills. 

November  14,  1913,  to  L.  Kirke  to  stable  four  horses. 
February  6, 1915,  to  D.  W.  Roberts  to  occupy  house  No.  6. 

NEW  YORK. 

For  a  list  of  places  over  which  the  State  of  New  York  has  ceded 
jurisdiction  to  the  United  States,  see  Revised  Statutes  of  New  York, 
1901,  Birdseye,  volume  3,  page  3339,  et  seq.;  also  chapter  57,  Con- 
solidated Laws,  New  York,  volume  5,  page  3879,  et  seq. 

GENERAL  ACT  OF  CESSION. 

SECTION  1.  The  consent  of  the  state  of  New  York  is  hereby  given  to  the  pur- 
chase by  the  government  of  the  United  States,  and  under  the  authority  of  the 
same,  of  any  tract,  piece  or  parcel  of  land  from  any  individual  or  individuals, 
bodies  politic  or  corporate  within  the  boundaries  of  this  state,  situate  upon  or 
adjacent  to  the  navigable  waters  thereof,  for  the  purpose  of  erecting  thereon 
light-houses,  beacons,  light-house  keepers'  dwellings,  works  for  improving  navi- 
gation, post-offices,  custom-houses,  fortifications,  and  all  deeds,  conveyances  or 
other  papers  relating  to  the  title  thereof  shall  be  recorded  in  the  office  of  the 
register  or  county  clerk  of  the  county  where  the  said  lands  are  situated. 

§  2.  Whenever  the  United  States  is  desirous  of  purchasing  or  acquiring  the 
title  to  any  tract,  piece  or  parcel  of  land  within  the  boundaries  of  this  state 
for  any  of  the  purposes  aforesaid,  and  can  not  agree  with  the  owner  or  owners 
thereof  as  to  the  purchase  thereof,  or  if  the  owners  of  any  of  said  lands  are 
unknown,  infants,  of  unsound  mind,  or  nonresidents,  or  if  for  any  other  reason 
a  perfect  title  can  not  be  made  to  said  lands,  or  any  part  thereof,  the  United 
States,  by  any  agent  authorized  under  the  hand  and  seal  of  any  head  of  an 
executive  department  of  the  government  of  the  United  States,  is  authorized  to 
apply  to  the  supreme  court  of  the  state,  in  and  for  the  county  within  which 
the  said  lands  are  situated,  to  have  the  said  lands  condemned  for  the  use  and 
benefit  of  the  United  States,  under  the  provisions  of  the  statutes  of  this  state 
applying  to  condemnation  of  lands. 

§  3.  Whenever  the  United  States,  by  any  agent  authorized  under  the  hand 
and  seal  of  any  head  of  an  executive  department  of  the  government  of  the 
United  States,  shall  cause  to  be  filed  and  recorded  in  the  office  of  the  secretary 
of  state  of  the  state  of  New  York,  certified  copies  of  the  record  of  transfer  to 
the  United  States  of  any  tracts  or  parcels  of  land  within  this  state,  which  have 
been  acquired  by  the  United  States  for  any  of  the  purposes  aforesaid,  together 
with  maps  or  plats  and  descriptions  of  such  lands  by  metes  and  bounds,  and 
a  certificate  of  the  attorney-general  of  the  United  States  that  the  United  States 
is  in  possession  of  said  lands  and  premises  for  either  of  the  works  or  purposes 
aforesaid,  under  a  clear  and  complete  title,  the  governor  of  this  state  is  au- 
thorized, if  he  deems  proper,  to  execute  in  duplicate,  in  the  name  of  the  state 
and  under  its  great  seal,  a  deed  or  release  of  the  state  ceding  to  the  United 
States  the  jurisdiction  of  said  tracts  or  parcels  of  land  as  hereinafter  provided. 

§  4.  The  said  jurisdiction  so  ceded  shall  be  upon  the  express  condition  that 
the  state  of  New  York  shall  retain  a  concurrent  jurisdiction  with  the  United 
States  on  and  over  the  property  and  premises  so  conveyed,  so  far  as  that  all 
civil  and  criminal  process,  which  may  issue  under  the  laws  or  authority  of  the 
state  of  New  York,  may  be  executed  thereon  in  the  same  way  and  manner  as 
if  such  jurisdiction  had  not  been  ceded,  except  so  far  as  such  process  may  affect 
the  real  or  personal  property  of  the  United  States. 

§  5.  The  said  property  shall  be  and  continue  forever  thereafter  exonerated 
and  discharged  from  all  taxes,  assessments  and  other  charges,  which  may  be 
levied  or  imposed  under  the  authority  of  this  state ;  but  the  jurisdiction  hereby 
ceded  and  the  exemption  from  taxation  hereby  granted,  shall  continue  in  respect 
to  said  property  so  long  as  the  same  shall  remain  the  property  of  the  United 
States,  and  be  used  for  the  purposes  aforesaid,  and  no  longer. 

§  6.  One  of  the  deeds  or  leases  so  executed  in  duplicate  shall  be  delivered  to 
the  duly  authorized  agent  of  the  United  States,  and  the  other  deed  or  release 


NEW  YORK.  255 

shall  be  filed  and  recorded  in  the  office  of  the  secretary  of  state  of  the  state 
of  New  York ;  and  said  deed  or  release  shall  become  valid  and  effectual  only 
upon  such  filing  and  recording  in  said  office. 

§  7.  The  secretary  of  state  shall  cause  to  be  printed  in  the  session  laws  of 
the  year  succeeding  file  in  his  office  of  said  deed,  a  statement  of  the  date  of 
the  application  of  the  United  States  for  said  deed  and  a  copy  of  the  description 
of  the  land  s"o  conveyed  or  ceded,  together  with  the  date  of  the  recording  of 
said  deed  in  the  office  of  the  said  secretary  of  state. 

§  8.  This  act  shall  not  apply  to  the  county  of  Orange.  (Approved"  Apr.  17, 
1896.  Laws  of  New  York,  1896,  vol.  1,  p.  377.  Rev.  Stats,  of  N.  Y.,  Birdseye, 
1901,  vol.  3,  page  3365.) 

ARMY   BUILDING. 

This  property,  formerly  the  Old  Produce  Exchange,  is  situated  in 
the  city  of  New  York,  and  bounded  by  Whitehall,  Pearl,  Moore,  and 
Water  Streets.  It  was  purchased  for  Army  purposes  under  the  pro- 
visions of  an  act  of  Congress  approved  February  2, 1886  (24  Stat,  2). 

Title. — Deed  from  the  New  York  Produce  Exchange,  dated  March 
27,  1886,  conveying  the  above  property,  and  recorded  in  the  office  of 
the  register  of  the  city  and  county  of  New  York  in  liber  1955,  page  73. 

Jurisdiction. — Ceded  to  the  United  States  by  an  act  of  the  State 
legislature,  passed  March  10, 1886,  which  provides  as  follows : 

SECTION  1.  The  consent  of  the  state  of  New  York  is  hereby  given  to  the  acqui- 
sition by  the  United  States  by  purchase,  in  conformity  with  the  laws  of  the 
state  of  New  York,  of  certain  lands  and  grounds  situate  in  the  city  of  New 
York,  bounded  by  Whitehall,  Pearl,  Moore,  and  Water  streets,  together  with 
the  building  thereon  known  as  the  Old  Produce  Exchange ;  and  the  said  United 
States  shall  have,  hold,  occupy  and  own  the  said  lands  when  thus  acquired  and 
exercise  jurisdiction  and  control  over  the  same  and  every  part  thereof,  sub- 
ject to  the  restrictions  hereafter  mentioned. 

SEC.  2.  The  jurisdiction  of  the  state  of  New  York,  in  and  over  the  said  lands 
mentioned  in  the  foregoing  section,  when  acquired  by  the  United  States,  shall 
be  and  the  same  is  hereby  ceded  to  the  United  States,  but  the  jurisdiction  hereby 
ceded  shall  continue  no  longer  than  the  said  United  States  shall  own  the  said 
lands. 

SEC.  3.  The  said  consent  is  given  and  the  said  jurisdiction  ceded  upon  the 
express  condition  that  the  state  of  New  York  shall  retain  concurrent  jurisdiction 
with  the  United  States  in  and  over  the  said  land  or  lands  so  far  as  that  all  civil 
process  in  all  cases,  and  such  criminal  or  other  process  as  may  issue  under  the 
Ia\vs  or  authority  of  the  state  of  New  York  against  any  person  or  persons 
charged  with  crimes  or  misdemeanors  committed  within  the  state,  may  be  exe- 
cuted therein  in  the  same  way  and  manner  as  if  such  consent  had  not  been 
given  or  jurisdiction  ceded,  except  so  far  as  such  process  may  affect  the  real  or 
personal  property  of  the  United  States. 

SEC.  4.  The  jurisdiction  hereby  ceded  shall  not  vest  until  the  United  States 
shall  have  acquired  the  title  to  the  said  land  or  lands  by  purchase  or  condemna- 
tion in  conformity  with  the  laws  of  this  state  and  so  long  as  said  land  or  lands 
shall  remain  the  property  of  the  United  States  when  acquired  as  aforesaid,  and  no 
longer ;  the  same  shall  be  and  continue  exonerated  from  all  taxes,  assessments 
and  other  charges  which  may  be  levied  or  imposed  under  the  authority  of  the 
state.  (Passed  Mar.  10,  1886.  Rev.  Stats,  of  N.  Y.,  8th  ed.,  vol.  1,  p.  234.) 

See  also  "  General  act  of  cession." 

CYPRESS  HILLS  NATIONAL  CEMETERY. 

This  reservation  is  situated  at  Brooklyn,  on  Long  Island.  It  was 
established  as  a  national  cemetery  in  1862,  and  comprises  the  upper 
and  lower  cemeteries,  the  former  containing  2.75  acres  and  the  latter 
15.39  acres,  making  a  total  of  18.14  acres. 

12925°— 16 17 


256  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

Title. — 1.  Deed  from  the  Cypress  Hills  Cemetery  Corporation, 
dated  March  29,  1870,  conveying  two  plats  in  said  cemetery.  Re- 
corded in  the  clerk's  office  for  Queens  County,  in  liber  342,  page  380. 

2.  Deed  from  Isaac  Snediker  and  wife,  dated  May  22,  1884,  con- 
veying "  upwards  of  15  acres  of  land."  Recorded  in  register's  office, 
Kings  County,  liber  1569,  page  348. 

Jurisdiction. — Ceded  to  the  United  States  by  an  act  of  the  State 
legislature,  passed  April  2,  1884,  which  provides  as  follows : 

SECTION  1.  The  jurisdiction  of  this  state  over  a  certain  piece  or  parcel  of  land, 
situate  partly  in  the  town  of  New  Lots,  Kings  County,  and  partly  in  the  town 
of  Newtown,  Queens  County,  containing  fifteen  and  thirty-nine  one-hundredths 
acres,  an  accurate  description  and  plat  of  which,  sworn  to  by  an  officer  of  the 
United  States,  has  been  deposited  in  the  office  of  the  secretary  of  the  state  of 
New  York,  is  hereby  ceded  to  the  United  States  of  America,  for  the  purpose 
of  establishing  a  national  cemetery  whenever  said  land  shall  be  acquired  by 
the  United  States :  Provided,  that  this  cession  is  upon  the  express  condition  that 
the  state  of  New  York  shall  retain  concurrent  jurisdiction  with  the  United 
States  in  and  over  said  land,  when  acquired  as  aforesaid,  so  far  as  that  all  civil 
and  criminal  process  issuing  under  the  authority  of  this  state  may  be  executed 
on  said  land  in  the  same  way  and  manner  as  if  this  act  had  not  been  passed ; 
and  exclusive  jurisdiction  shall  revert  to  this  state  whenever  said  land  shall 
cease  to  be  the  property  of  the  United  States. 

SEC.  2.  The  land  aforesaid,  when  acquired,  shall  be  forever  exempt  from  all 
taxes  and  assessments  so  long  as  the  same  shall  remain  the  property  of  the 
United  States.  (Passed  Apr.  2,  1884.  Rev.  Stats,  of  N.  Y.,  8th  ed.,  vol.  1,  p.  232.) 

FORT  HAMILTON. 

This  reservation  is  situated  on  the  southwest  shore  of  Long  Island 
5J  miles  south  of  the  "  Battery  "  of  New  York  City,  commanding  the 
"  Narrows."  It  contains  an  area  of  155.60  acres,  more  or  less,  with 
metes  and  bounds  as  announced  in  G.  O.  122,  W.  D.,  Aug.  5,  1908. 

Title. — 1.  Deed  from  the  mayor,  aldermen,  and  commonalty  of  the 
city  of  New  York,  dated  May  30,  1814,  conveying  60  acres  1  rood  and 
6  perches  of  land  in  New  Utrecht.  Recorded  in  the  clerk's  office  of 
King's  County,  in  liber  11,  page  171. 

2.  A  tract  of  17  acres,  14  perches  and  105  yards  was  acquired  by 
condemnation,  September  11,  1826,  under  acts  of  November  27,  1824, 
and  April  17,  1826,  post. 

3.  Deed  from  Julia  Delaplaine,  dated  September  9,  1862,  convey- 
ing 21  acres  2  roods  and  25.789  perches  of  land  in  New  Utrecht.    Re- 
corded in  the  register's  office  of  King's  county,  in  liber  585,  page  157. 
Purchase  made  by  authority  of  act  of  Congress  approved  February 
20,  1862   (12  Stat.,  343).     Confirmed  by  act  of  June  23,  1874   (18 
Stat,  276). 

4.  Deed  from  George  S.  Gelston  and  wife,  dated  March  24,  1852, 
conveying,  by  way  of  exchange,  11  acres  3  roods  and  25  perches  of  land. 
Recorded  in  the  clerk's  office  for  King's  County,  in  liber  275,  page 
267.     Exchange  made  by  authority  of  act  of  Congress  approved 
February  14, 1851  (9  Stat,  566). 

5.  Deed  from  the  town  of  New  Utrecht,  dated  February  1,  1892, 
conveying  all  right,  title,  and  interest  in  and  to  the  Shore  Road,  Old 
County  Road,  Seventh  Avenue,  etc.    Recorded  in  register's  office  for 
Kings  County,  liber  2101,  page  1. 

6.  Deed  from  the  Dyker  Meadow  Land  &  Improvement  Co.,  dated 
February  10,  1892,  conveying  56.537  acres,  also  8.985  acres  under 
water.    Recorded  in  liber  2099,  page  4,  of  same  records. 


NEW  YORK.  257 

7.  Decree  of  condemnation  for  the  highways  and  lands  described 
in  the  above  conveyances  from  the  town  of  New  Utrecht  and  the 
Dyker  Meadow  Land  &  Improvement  Co.,  in  the  case  of  the  United 
States  v.  the  Dyker  Meadow  Land  &  Improvement  Co.  and  others,  in 
the  district  court  of  the  United  States  for  the  eastern  district  of  New 
York.    Decree  rendered  at  May  term,  1891,  and  filed  with  the  .record 
of  said  cause  in  the  clerk's  office  of  said  district  court. 

8.  Deed  of  release  from  Manhattan  Co.  of  New  York  City,  dated 
February  4,  1892,  embracing  65.522  acres.     Recorded  in  liber  2099, 
page  13,  of  the  deed  records  of  the  register's  office  for  Kings  County. 

9.  Deed  of  release  from  J.  Lott  Nostrand,  dated  February  2,  1892, 
embracing  65.522  acres.     Recorded  in  liber  2099,  page  10,  of  same 
records. 

10.  Deed  of  release  from  Marie  K.  Flaherty,  dated  February  10, 
1892,  embracing  65.522  acres.    Recorded  in  liber  2099,  page  6,  of  same 
records. 

Revocable  licenses. — July  15,  1898,  to  police  department,  New 
York  City,  to  land  cable. 

June  1,  1903,  to  the  Dyker  Meadow  Golf  Club  to  use  a  portion  of 
the  reservation  for  golfing  purposes. 

March  8,  1906,  to  New  York  &  New  Jersey  Telephone  Co.  for 
telephone  system. 

June  13,  1908,  to  United  States  Volunteer  Life-Saving  Corps,  for 
portable  station. 

August  19, 1912,  to  the  superintendent  of  highways  of  the  borough 
of  Brooklyn,  city  of  New  York,  to  extend  a  highway  through  the 
reservation. 

March  11,  1914,  to  Navy  Department  to  extend  the  electric  power 
service  of  the  Brooklyn  Edison  Co.  across  the  reservation  to  Fort 
Lafayette. 

Jurisdiction. — Ceded  to  the  United  States  as  follows: 

(1)  By  an  act  of  the  State  legislature  passed  March  20,  1807. 
(See  "Fort  Wood.") 

(2)  By  an  act  of  the  State  legislature  passed  March  18,  1808. 
(See  "Fort  Wood.") 

Pursuant  to  the  authority  vested  in  them  by  the  acts  of  March  20, 
1807,  and  March  18,  1808,  the  commissioners  therein  provided  for 
executed  this  deed  conveying  the  title  to  and  jurisdiction  over  said 
lands.  Deed  dated  November  6,  1812,  and  recorded  in  the  clerk's 
office  of  the  county  of  Kings  in  liber  10,  page  395,  etc.,  of  the  deed 
records  of  said  county. 

(3)  By  an  act  of  State  legislature  passed  November  27,  1824,  as 
follows : 

Whereas  by  an  Act  of  Congress  of  the  United  States  of  America,  relative  to  a 
fortification  at  the  Narrows,  in  the  harbor  of  New  York,  it  has  become  neces- 
sary and  proper  that  a  cession  of  jurisdiction  over  certain  lands  in  the  town  of 
New  Utrecht  should  be  made  to  the  United  States :  therefore, 

I.  Be  it  enacted,  etc.,  That  the  jurisdiction  in  and  over  all  those  certain 
tracts  of  land  lying  in  said  town  of  New  Utrecht,  in  the  county  of  Kings, 
within  this  State,  the  first  of  which  is  described  as  follows:  Beginning 
*  *  *  containing  sixty  acres,  one  rood  and  six  perches  of  land ;  The  second 
of  which  is  bounded  as  follows :  Beginning  *  *  *  containing  sixteen  acres 
and  one-half  acre  of  land;  be,  and  the  same  is  hereby  ceded  to  the  United 
States  of  America,  for  the  purpose  of  erecting  fortifications  thereon:  Provided 


258  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

nevertheless,  That  such  jurisdiction  so  ceded  as  aforesaid,  shall  not  extend  or 
be  construed  to  extend,  so  as  to  impede  or  prevent  the  execution  of  any  process 
of  law,  civil  or  criminal,  under  the  authority  of  this  State,  except  so  far  forth 
as  such  process  may  affect  any  of  the  real  or  personal  property  of  the  United 
States  of  America  within  the  said  tracts  of  land ;  and  that  all  the  lands  and 
tenements  within  the  limits  aforesaid  shall  be,  and  continue  forever  hereafter, 
exonerated  and  discharged  from  all  taxes,  assessments,  and  other  charges 
which  may  be  laid  under  the  authority  of  this  State. 

Sections  II,  III,  and  IV  provide  for  condemnation  of  the  tract  of 
16J  acres.  Passed  November  27,  1824.  (Rev.  Stats,  of  N.  Y.,  Birds- 
eye,  1901,  vol.  3,  p.  3343.) 

(4)  By  an  act  of  the  State  legislature  passed  April   17,  1826, 
which  provides  as  follows: 

Whereas  on  a  resurvey  of  the  second  parcel  of  land  mentioned  and  de- 
scribed in  the  said  act  hereby  amended  (above  act  passed  Nov.  27,  1824),  it 
has  been  found  that  the  Northern  boundaries  of  said  land  did  not  embrace  all 
the  land  wanted  by  the  United  States  of  America  for  the  purpose  of  erecting 
fortifications  thereon  in  the  said  town  (of  New  Utrecht)  :  Therefore, 

I.  Be  it  enacted,  etc.,  That  the  jurisdiction  in  and  over  all  that  certain  tract 
or  parcel  of  land,  included  within  the  following  boundaries  not  heretofore, 
by  the  said  act  hereby  amended,  vested 'in  the  said  United  States,  beginning 
*  *  *  containing  seventeen  acres,  fourteen  perches  and  one  hundred  and 
five  yards  of  land,  be  and  the  same  is  hereby  ceded  to  the  United  States  of 
America,  for  the  purpose  of  erecting  fortifications  thereon :  Froridct]  ucrcrthc- 
less,  That  such  jurisdiction  so  ceded  as  aforesaid,  shall  not  extend  or  be  con- 
strued to  extend  so  as  to  impede  or  prevent  the  execution  of  any  process  of  law, 
civil  or  criminal,  under  the  authority  of  this  State,  except  so  far  forth  as  such 
process  may  affect  any  of  the  real  or -personal  property  of  the  United  States  of 
America  within  the  tract  of  land  within  which  jurisdiction  is  vested  as  afore- 
said;  but  that  the  said  land  shall  be  and  continue  forever  hereafter  exonerated 
and  discharged  from  all  taxes,  assessments  and  other  charges  which  may  be 
laid  under  the  authority  of  this  State. 

Sections  2,  3,  and  4  provide  for  condemnation  of  so  much  of  the 
17  acres,  14  perches,  arid  105  yards  of  land  as  are  not  included  in 
the  second  parcel  described  in  the  act  of  November  27,  1824.  Passed 
April  17,  1826. 

(5)  By  an  act  of  the  State  legislature  passed  April  18,  1861,  which 
provides  as  follows : 

SEC.  7.  Jurisdiction  is  also  hereby  ceded  to  the  United  States  over  so  much 
land  as  may  be  necessary  for  the  construction  and  maintenance  of  fortifications 
and  their  appurtenances,  and  over  all  the  contiguous  shores,  flats,  and  waters 
within  four  hundred  yards  from  low-water  mark  within  this  state,  as  the  United 
States  may  now  own  or  hereafter  become  owners  of,  by  purchase  or  otherwise, 
not  to  exceed  one  hundred  and  fifty  acres,  the  same  to  be  selected  by  an  author- 
ized officer  of  the  United  States,  approved  by  the  governor,  and  the  boundaries 
of  the  land  selected,  with  such  approval  endorsed  thereon,  and  a  map  thereof 
filed  in  the  office  of  the  Secretary  of  State,  and  by  him  recorded;  provided 
always,  and  the  assent  aforesaid  is  granted  upon  this  express  condition,  that 
this  state  shall  retain  a  concurrent  jurisdiction  with  the  United  States  in 
and  over  the  several  tracts  aforesaid,  so  far  that  all  civil  and  such  criminal 
process  as  may  issue  under  authority  of  this  state,  against  any  person  or  per- 
sons charged  with  crimes  committed  within  the  bounds  of  this  state,  may  be  exe- 
cuted therein  in  the  same  manner  as  though  this  assent  had  not  been  granted. 
except  so  far  as  such  process  may  affect  the  real  or  personal  property  of  the 
United  States. 

The  foregoing  shall  be  applicable  only  to  the  lands  selected,  approved,  arid 
owned  as  aforesaid,  and  a  survey  thereof  filed  and  recorded  as  above  provided. 

For  the  purpose  of  building  and  maintaining  thereon  batteries,  forts,  maga- 
zines, wharves  and  other  necessary  structures,  with  their  appendages  adjacent 
to  Fort  Hamilton,  Kings  County,  Long  Island. 


NEW  YORK.  259 

Sections  8,  9,  10,  11,  and  12,  as  amended  by  act  of  February  20, 
1862,  provide  for  acquiring  title  by  condemnation.  (Rev.  Stats,  of 
N.  Y.,  8th  ed.,  vol.  1,  p.  194,  sec.  7.) 

SEC.  13.  The  said  property  when  acquired  by  the  United  States  shall  be  and 
continue  forever  thereafter  exonerated  and  discharged  from  all  taxes,  assess- 
ments, and  other  charges,  which  may  be  levied  or  imposed  under  the  authority 
of  this  State;  but  the  jurisdiction  hereby  ceded,  and  the  exemption  from  taxa- 
tion hereby  granted,  shall  continue  in  respect  to  said  property,  and  to  each 
portion  thereof,  so  long  as  the  same  shall  remain  the  property  of  the  United 
States,  and  be  used  for  the  purposes  aforesaid,  and  no  longer.  (Passed  Apr. 
18,  1861.  Rev.  Stats,  of  N.  Y.,  8th  ed.,  vol.  1,  p.  195,  sec.  13.) 

(6)  By  an  act  of  the  State  legislature  passed  February  20,  1862, 
which  provides  as  follows : 

SECTION  1.  The  last  paragraph  of  the  seventh  section  of  the  act  entitled  "An 
Act  giving  the  consent  of  the  State  of  New  York  to  the  purchase  by  and  ceding 
jurisdiction  to  the  United  States  over  certain  lands  within  this  State,  to  be 
occupied  as  sites  of  Light-Houses,  Keepers'  Dwellings,  and  fortifications  and 
their  appurtenances,"  passed  April  18,  1861,  is  hereby  amended  so  as  to  read  as 
follows :  For  the  purpose  of  building  and  maintaining  thereon  Batteries,  Forts, 
Magazines,  Wharfs,  and  other  necessary  structures,  with  their  appendages, 
adjacent  to  Fort  Hamilton,  Kings  County,  Long  Island,  and  adjacent  tp  Fort 
Tompkins,  in  the  town  of  Southfield,  County  of  Richmond,  Staten  Island. 

SEC.  2.  The  eighth  section  of  the  said  Act  shall  be  amended  so  as  to  read  as 
follows : 

"  In  case  the  United  States  shall  desire  to  purchase  any  land  selected  in 
pursuance  of  the  first  and  seventh  sections  of  said  act,  or  either  of  said  sections, 
and  shall  be  unable  to  agree  for  the  purchase  of  the  same  it  shall  have  the  right 
to  acquire  title  to  the  same,  in  the  manner  hereinafter  prescribed,  provided, 
however,  that  a  due  regard  be  had  to  the  improvements  and  buildings  on  the 
same,  the  damage  if  any  to  the  adjacent  lands  now  belonging  to  the  same  owners, 
and  that  the  title  be  acquired  before  the  first  day  of  January,  eighteen  hundred 
and  sixty-three." 

Section  3  provides  for  the  qualifications  of  commissioners.  Passed 
February  20, 1862. 

Title  to  and  jurisdiction  over  water-covered  lands  was  ceded  to  the 
United  States  by  an  act  of  the  State  legislature  passed  May  7,  1880, 
for  which  see  Fort  Wood. 

By  patent  from  the  governor  of  the  State  of  New  York,  dated  May 
26,  1880,  the  title  to,  and  jurisdiction  over,  the  premises  described 
in  the  act  of  May  7,  1880,  were  granted  and  conveyed  to  the  United 
States  subject  to  the  terms  of  the  said  act  and  the  limitations  con- 
tained therein.  Patent  recorded  May  26,  1880,  in  Book  of  Patents 
No.  44,  page  604,  etc.,  of  the  records  of  patents  in  the  office  of  the 
secretary  of  state  for  the  State  of  New  York. 

By  an  act  of  the  State  legislature  passed  March  27,  1893,  which 
provides  as  follows: 

SECTION  1.  The  consent  of  the  State  of  New  York  is  hereby  given  to  the 
acquisition  by  the  United  States,  by  purchase  or  by  condemnation  proceedings 
in  conformity  with  the  laws  of  this  state,  of  one  or  more  pieces  of  land,  measur- 
ing in  the  aggregate  not  exceeding  sixty  acres,  situate  adjacent  to  and  on  the 
east  side  of  the  present  military  post  of  the  United  States  at  Fort  Hamilton, 
Gravesend  Bay,  Ne\v  York,  and  more  particularly  described  as  follows :  [Here 
describes  the  tract  by  metes  and  bounds]. 

The  further  consent  of  the  state  of  New  York  is  hereby  given  to  the  acqui- 
sition by  the  United  States,  by  purchase  or  by  condemnation  proceedings  in 
conformity  with  the  laws  of  the  state  of  New  York,  of  a  piece  of  land  on  Plumb 
Island  near  eastern  border  of  Sheepshead  Bay,  New  York,  measuring  fifty 
acres,  more  or  less,  taken  from  the  eastern  end  of  said  island,  and  more  par- 
ticularly described  as  follows:  [Here  describes  the  tracts  by  metes  and  bounds]. 


260  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

Upon  the  lands  so  acquired  near  Fort  Hamilton,  and  upon  Plumb  Island,  the 
United  States  may  erect  fortifications,  barracks,  wharves  and  so  forth,  for  the 
defense  of  the  southern  or  main  entrance  to  New  York  Harbor ;  and  the  United 
States  shall  have,  hold,  occupy  and  own  the  said  lands  when  thus  acquired,  and 
exercise  jurisdiction  and  control  over  the  same  and  every  part  thereof,  subject 
to  the  restrictions  hereinafter  mentioned. 

SEC.  2.  The  jurisdiction  hereby  ceded  shall  not  vest  until  the  United  States 
shall  have  acquired  the  title  to  such  land  or  lands  by  purchase  or  by  condem- 
nation in  conformity  with  the  laws  of  this  state,  nor  until  plats  and  descrip- 
tions of  the  land  thus  acquired  shall  have  been  filed  in  the  office  of  the  Secre- 
tary of  State  of  the  State  of  New  York.  Such  jurisdiction  shall  continue  no 
longer  than  the  United  States  shall  own  such  land  or  lands,  and  such  consent 
is  given  and  jurisdiction  ceded  upon  the  express  condition  that  the  state  of  Ne\v 
York  shall  retain  concurrent  jurisdiction  with  the  United  States  in  and  over 
such  land  or  lands  so  far  as  that  all  civil  process  in  all  cases,  and  such  criminal 
or  other  process  as  may  issue  under  the  laws  or  authority  of  the  state  of  New 
York  against  any  person  or  persons  charged  with  crimes,  misdemeanors,  or 
criminal  offenses  committed  within  the  state,  may  be  executed  thereon,  in  the 
same  way  and  manner  as  if  such  consent  had  not  been  given  or  jurisdiction 
ceded,  except  so  far  as  such  process  may  affect  the  real  or  personal  property 
of  the  United  States. 

SEC.  3.  So  long  as  such  land  or  lands  thus  acquired  shall  remain  the  prop- 
erty of  the  United  States,  and  no  longer,  the  same  shall  be  and  continue  ex- 
onerated from  all  taxes,  assessments,  and  other  charges  which  may  be  levied 
or  imp'osed  under  the  authority  of  the  state.  If  the  United  States  can  not 
acquire  the  title  to  any  such  land  or  lands,  or  any  part  thereof,  by  purchase. 
they  may  acquire  such  title  by  condemnation  by  legal  proceedings  duly  in- 
stituted for  the  purchase  either  in  the  state  or  the  federal  courts.  (Passed 
Mar.  27,  1893.  Laws  of  N.  Y.,  1893,  vol.  1,  p.  384.) 

See  also  "  General  act  of  cession." 

FORT  H.  G.  WRIGHT. 

This  reservation  is  situated  at  the  eastern  entrance  of  Long  Island 
Sound,  on  Fishers  Island,  and  contains  about  268.93  acres  in  the  main 
reservation,  36.13  acres  in  the  "  Mount  Prospect "  Reservation,  and 
0.98  acre  in  the  right  of  way  thereto,  with  metes  and  bounds  as  given 
in  G.  O.  248,  W.  D.,  December  21, 1909. 

Title. — The  title  to  land  acquired  in  1898  rests  on  decree  of  the 
district  court  of  the  United  States  for  the  eastern  district 'of  New 
York,  filed  and  entered  August  8,  1898,  and  is  also  evidenced  by  the 
following  deeds: 

(a)  Deed  from  Walton  Ferguson  and  wife,  dated  September  1, 
1898,  conveying  certain  land  therein  described  by  metes  and  bounds, 
together  with  certain  riparian  rights.     Recorded  in  liber  472,  page 
134,  of  the  records  of  Suffolk  County. 

(b)  Deed  from  Theodora  Gordon,  dated  September  3,  1898,  con- 
veying certain  land  therein  described  by  metes  and  bounds.     Re- 
corded in  liber  472,  page  140,  of  same  records. 

(c)  Deed  from  Edmund  M.  Ferguson  and  wife,  dated  September 
5,   1898,   conveying   certain   land   therein   described   by   metes   and 
bounds.     Recorded  in  liber  472,  page  137,  of  same  records. 

The  title  to  additional  lands  acquired  in  1908  and  1909  is  as 
follows : 

1.  Deed  from  John  Nevin  Sayre  et  al.,  executors,  etc.,  dated  April 
4,  1908,  conveying  4.20  acres.     Recorded  in  liber  654,  page  393,  of 
the  same  records. 

2.  Deed  from  Walton  Ferguson  and  wife,  and  Walton  Ferguson 
as  trustee,  etc.,  dated  April  18,  1908,  conveying  5  parcels  aggregating 


NEW  YOKK.  261 

63.3  acres  of  upland  and  6.62  acres  of  pond.     Recorded  in  liber  654, 
page  398,  of  same  records. 

3.  Deed  from  Josephine  E.  Ferguson  et  al.,  dated  April  18,  1908, 
conveying  the  same  premises  as  No.  2,  supra.     Recorded  in  liber  654, 
page  404. 

4.  Deed  from  Walton  Ferguson  and  wife,  and  Walton  Ferguson 
as  trustee,  etc.,  dated  April  18,  1908,  quitclaiming  rights  in  promises 
conveyed   by   deed   No.    1,   cited,   supra.     Recorded    in   liber   654, 
page  410. 

5.  Decree  of  condemnation  in  the  United  States  district  court, 
eastern  district  of  New  York,  rendered  August  7,  1909,  in  United 
States  v.  George  H.  Bartlett  et  al.,  covering  two  tracts,  one  contain- 
ing 1.07  acres  and  the  other  5.54  acres. 

6.  Resolution  of  town  board  of  the  town  of  Southold,  Suffolk 
County,  N.  Y.,  dated  April  13, 1908,  discontinuing  as  a  highway  that 
part  of  Equestrian  Avenue  lying  within  the  military  reservation. 

7.  One-half  the  width  of  Equestrian  Avenue  between  the  reserva- 
tion and  the  land  of  Mrs.  M.  B.  Hoppes  added  to  the  reservation  on 
account  of  discontinuance  of  said  thoroughfare.     Area,  0.33  acre. 
Consent  to  discontinuance  granted  by  Secretary  of  War  by  instru- 
ment dated  June  13,  1913. 

Revocable  license. — February  1,  1912,  to  Weather  Bureau,  Depart- 
ment of  Agriculture,  to  occupy  site  for  storm-warning  equipment  and 
to  use  electric  current  from  post  lighting  plant. 

Jurisdiction. — Jurisdiction  over  premises  acquired  in  1898  ceded 
under  "  General  act  of  cession "  by  governor's  deed  of  October  28, 
1898;  jurisdiction  over  premises  acquired  in  1908  by  governor's  deed 
of  January  22,  1909;  and  jurisdiction  over  premises  acquired  under 
decree  of  August  7,  1909,  by  governor's  deed  of  December  22, 1910. 

ISLE   ST.    MICHEL    (CRAB   ISLAND). 

See  "  Plattsburg  Barracks." 

FORT  JAY   (GOVERNORS  ISLAND). 

This  reservation  is  situated  in  New  York  Harbor,  at  the  junction 
of  the  Hudson  and  East  Rivers,  and  includes  the  whole  island  and 
submerged  lands  contiguous  thereto  with  limits  given  in  G.  O.  4, 
W.  D.,  January  13,  1909,  containing  an  area  of  204.5  acres.  Area 
of  island  prior  to  recent  filling  operations,  68.8  acres.  Area  added  by 
enlargement  (1901-1912)  103.55  acres,  making  the  total  area  of  the 
island,  October,  1912,  172.35  acres. 

Title  and  jurisdiction. — Governors  Island  came  into  possession  of 
the  United  States  as  a  donation  by  an  act  of  the  Legislature  of  the 
State  of  New  York  passed  February  15,  1800.  (See  Fort  Wood.) 
Prior  to  the  American  Revolution  the  island  was  a  perquisite  of  the 
colonial  governor,  who  was  the  representative  of  the  King  of  Eng- 
land, but  after  the  war  became  the  property  of  the  Colony  and  then 
of  the  State  of  New  York.  Title,  etc.,  to  lands  covered  with  water 
contiguous  to  the  island  was  ceded  to  the  United  States  by  an  act  of 
the  State  legislature  approved  May  7,  1880,  for  which  see  Fort 
Wood,  and  by  patent  from  the  governor  of  the  State  of  New  York, 


262  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

dated  May  26,  1880,  under  said  act  of  May  7,  1880.  Patent  recorded 
May  26,  1880,  in  book  of  patents  No.  44,  page  604,  etc.,  of  the  records 
of  patents  in  the  office  of  the  secretary  of  state  for  the  State  of  New 
York. 

Pursuant  to  the  provisions  of  acts  of  the  State  legislature  ap- 
proved February  27,  1901,  and  March  6,  1903,  the  area  was  increased 
by  the  addition  of  the  following  tracts  under  water  for  the  purpose 
of  enlarging  the  reservation  by  filling: 

1.  Patent  from  the  governor  of  the  State,  dated  March  7,  1901, 
under  act  of  February  27,  1901   (ch.  46,  Laws  of  1901),  conveying 
the  title  to  and  jurisdiction  over  certain  lands  therein  described. 
Recorded  in  book  of  patents  No.  50,  at  page  386,  etc.,  in  the  office  of 
the  secretary  of  state  for  the  State  of  New  York. 

2.  Patent  from  the  governor  of  the  State,  dated  June  5,  1903,  un- 
der act  of  March  6,  1903  (ch.  18,  Laws  of  1903),  conveying  title  to 
and  jurisdiction  over  certain  land  therein  described.     Recorded  in 
liber  50  of  patents,  at  page  389,  same  records.     See  also  "  General 
act  of  cession." 

Revocable  licenses. — April  25,  1900,  to  Young  Men's  Christian  As- 
sociation of  the  city  of  New  York  to  erect  a  one-story  wooden  build- 
ing on  the  reservation. 

March  30,  1905,  to  Corporation  of  Trinity  Church  to  erect  and 
maintain  a  new  chapel.  Chaplain  had  been  provided  by  vestry  of 
said  church  since  1868  under  authority  of  the  Secretary  of  War 
granted  at  that  time,  which  alsa  authorized  the  occupation  by  said 
chaplain  of  public  quarters. 

June  26, 1906,  to  New  York  Telephone  Co.  for  telephone  system  on 
reservation. 

March  4,  1908,  to  Charles  R.  Vagler,  to  occupy  a  portion  of  Gov- 
ernment building  No.  17  and  to  conduct  and  maintain  therein  a 
grocery  store  and  storeroom. 

July  27,  1911,  to  the  Corporation  of  Trinity  Church,  to  build  an 
addition  to  its  chapel  erected  under  license  of  March  30,  1905. 

FORT   LAFAYETTE. 

This  reservation  is  situated  in  New  York  Harbor,  about  6  miles 
from  Brooklyn,  and  commands,  in  part,  the  Narrows.  It  contains 
an  area  of  about  2  acres  of  land,  with  water  rights. 

Title  and  jurisdiction. — Ceded  by  the  acts  of  the  State  legislature 
passed  March  20,  1807,  and  March  18,  1808.  Pursuant  to  the  au- 
thority vested  in  them  by  the  above  cited  acts,  the  commissioners 
therein  provided  for  executed  their  deed  conveying  title  to  and  juris- 
diction over  said  lands.  Deed  dated  November  6,  1812,  and  recorded 
in  the  clerk's  office  of  the  county  of  Kings,  in  liber  10,  page  395,  etc., 
of  the  deed  records  of  said  county.  (This  deed  embraces  30  acres 
2  roods  and  30  perches.)  Title  to  and  jurisdiction  over  water-cov- 
ered lands  was  ceded  to  the  United  States  by  an  act  of  the  State 
legislature  passed  May  7,  1880,  for  which  see  Fort  Wood. 

By  patent  from  governor  of  the  State  of  New  York,  dated  May  26, 
1880,  the  title  to  and  jurisdiction  over  the  premises  described  in  the 
act  of  May  7,  1880,  were  granted  and  conveyed  to  the  United  States 
subject  to  the  terms  of  the  said  act  and  the  limitations  contained 


NEW  YORK.  263 

therein.  Patent  recorded  May  26,  1880,  in  book  of  patents  No.  44, 
page  604,  etc.,  of  the  records  of  patents  in  the  office  of  the  secretary 
of  state  for  the  State  of  New  York. 

See  also  "  General  act  of  cession." 

Revocable  license. — June  28,  1897,  to  the  Navy  Department,  for 
the  temporary  use  of  reservation  for  a  naval  magazine,  upon  the 
understanding  that  fortification  work,  when  undertaken,  be  not  inter- 
fered with. 

MADISON    BARRACKS     (POST) . 

This  reservation  is  situated  on  the  south  shore  of  Black  River  Bay, 
about  10  miles  from  Lake  Ontario,  adjoining  the  town  of  Sacketts 
Harbor,  in  Jefferson  County,  and  contains  an  area  of  99.95  acres, 
exclusive  of  the  wrater  lot  (area  about  0.32  acre),  the  pumping  station 
(area  about  2.6  acres),  and  the  new  post  cemetery  (area  about  4.85 
acres),  with  metes  and  bounds  as  announced  in  G.  O.  223,  W.  D., 
December  16,  1910. 

The  original  reservation,  acquired  from  1813  to  1817,  comprised  an 
aggregate  area  of  39.21  acres,  together  with  the  water  lot  above  de- 
scribed, and  the  bakery  and  barn  lots,  which  have  since  been  sold. 

Under  authority  of  an  act  of  Congress  approved  March  2,  1889 
(25  Stat.,  831),  as  amended  by  act  approved  February  24,  1891  (26 
Stat.,  777),  an  addition  of  about  54.5  acres  was  purchased;  and  in 
1893  a  tract  of  2.6  acres  was  purchased  for  a  pumping  station,  with 
right  of  way  for  water  mains.  In  1906  a  tract  of  4.86  acres  was 
acquired  for  a  new  cemetery. 

Title.— -1.  Deed  from  Samuel  F.  Hooker,  dated  July  1,  1813,  con- 
veying 0.32  acre — being  the  water  lot  referred  to  above.  Recorded  in 
liber  F,  page  44,  of  the  deed  records  of  Jefferson  County. 

2.  Deed  of  May  10.  1814,  to  "  Isaac  Chauncey,  commodore  of  the 
United  States  Navy  on  Lake  Ontario,"  conveying  3.875  acres.  Re- 
corded in  liber  G,  page  125,  of  .same  records. 

"3.  Deed  of  March  10,  1815,  to  same  grantee,  and  conveyed  by  said 
grantee  to  the  Secretary  of  the  Navy  March  10,  1815,  conveying 
3.3375  acres.  Recorded  in  liber  G,  page  328,  of  same  records. 

4.  Deed  from  Thomas  Ludlow  Ogden,  trustee,  etc.,  dated  October 
5,  1816,  conveying  22  acres  of  land.     Recorded  in  book  I,  page  204, 
etc.,  of  same  records. 

5.  Deed  from  Thomas  Ludlow  Ogden,  trustee,  etc.,  dated  March 
28,  1817,  conveying  10  acres  of  land.     Recorded  in  book  K,  page  15, 
etc.,  of  same  records. 

6.  Deed  from  Mary  T.  Mallaby  et  al.,  dated  August  31,  1891,  con- 
veying undivided  one-half  of  1  acre,  etc.     Recorded  in  Book  265, 
page  304,  of  same  records. 

7.  Quitclaim  deed  from  Col.  R,  I.  Dodge,  dated  September  3,  1891, 
conveying  several  tracts  embraced  in  seven  several  deeds  executed  to 
him  as  agent  for  the  United  States.     Recorded  in  book  265,  page  173. 
of  same  records.     The  deeds  to  said  Col.  R.  I.  Dodge  recorded  in 
book  265,  page  169;  book  265,  page  171;  book  264,  page  317;  book 
264,  page  318;  book  264,  page  319;  book  264,  page  320;  and  book 
264,  page  321,  of  same  records. 


264  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

8.  Deed  from  Ellen  Stratton  and  husband,  dated  December  29, 
1891,  conveying  a  strip  containing  18,000  square  feet  of  land.     Re- 
corded in  liber  266,  page  302,  of  same  records. 

9.  Deed  from  James  C.  Heath  and  wife,  dated  December  29,  1891, 
conveying  two  tracts  near  Madison  Barracks,  both  described  by  metes 
and  bounds.     Recorded  in  liber  266,  page  301,  of  same  records. 

10.  Deed  from  John  Hamilton  and  wife,  dated  September  14, 1891, 
conveying  two  tracts  described  by  metes  and  bounds.     Recorded  in 
liber  266,  page  300,  of  same  records. 

11.  Deed  from  Charles  G.  Gilmore  and  wife,  dated  February  23, 
1893,  conveying  a  site  for  pumping  station.     Recorded  in  liber  272, 
page  135,  of  same  records. 

12.  Deed  from  Fred  W.  Reeves  and  wife,  dated  December  12, 1906, 
conveying  site  for  new  cemetery,  containing  4.86  acres.     Recorded 
in  liber  No.  321,  page  124,  of  same  records. 

13.  Deeds  conveying  right  of  way  for  water  main,  the  names  of  the 
grantors,  the  date  of  each  deed,  and  the  place  of  record  being  as 
follows : 

(1)  William  McLaughlin  and  wife,  March  25,  1893,  liber  271,  page 
549. 

(2)  S.  D.  Lord  and  wife,  March  25,  1893,  liber  271,  page  548. 

(3)  Caroline  McClary  and  husband,  March  25,  1893,  liber  271, 
page  552. 

(4)  Dexter  M.  Dibble  and  wife,  March  25, 1893,  liber  271,  page  542. 

(5)  Abbie  Metcalf,  March  25,  1893,  liber  271,  page  544. 

(6)  Amanda  M.  Read  and  husband,  March  25,  1893,  liber  271, 
page  545. 

(7)  David  McKee,  March  25,  1893,  liber  271,  page  547. 

(8)  Margaret  Eveleigh  and  husband,  March  27,  1893,  liber  271, 
543. 

Henry  J.  Lane  and  wife,  March  27, 1893,  liber  271,  page  546. 
4  Charles  W.  Sloat  et  al.,  MarcK  29,  1893,  liber  271,  page  541. 

Alice  C.  M.  Hewke  and  husband,  March  29,  1893,  liber  271, 
page  540. 

(12)  Enetta  A.  Lewis  et  al.,  April  1, 1893,  liber  271,  page  551. 
13)  Charles  G.  Gilmore  and  wife,  April  6, 1893,  liber  271,  page  550. 
William  Stokes,  April  7,  1893,  liber  271,  page  539. 
Ellen  Fralick  and  husband,  April  14, 1893,  liber  271,  page  555. 

(16)  Abel  H.  Bowe  and  wife,  April  15,  1893,  liber  272,  page  135. 

(17)  John  Parker  and  wife,  April  17,  1893,  liber  272,  page  137. 

(18)  Mary  A.  Mason,  April  17,  1893,  liber  271,  page  136. 

(19)  Charles  W.  Sloat  et  al.,  April  19,  1893,  liber  271,  page  553. 

(20)  Walter  B.  Camp,  sur.  executor,  etc.,  April  27,  1893,  liber  271, 
page  554. 

(21)  Frederick  R.  Farwell  et  al.,  May  6,  1893,  liber  271,  page  538. 
Revocable  licenses. — August  27,  1903,  to  Black  River  Telephone 

Co.  to  construct,  operate,  and  maintain  its  telephone  line  on  the 
reservation. 

October  9,  1906,  to  Central  New  York  Telephone  &  Telegraph  Co. 
for  telephone  system. 

March  18,  1908,  to  W.  W.  Tyler,  S.  D.  Lord,  Allen  C.  Beach, 
Walter  B.  Camp,  and  Frank  Stearne  for  boathouse  on  "  Water  Lot." 

April  23,  1909,  to  John  W.  Bodine,  June  24,  1911,  to  C.  D.  Hodge, 
and  January  31,  1912,  to  Geo.  L.  Hess,  for  similar  purpose. 


10) 

;n) 


NEW  YORK.  265 

November  17,  1908,  to  D.  L.  Andrews  to  use  water  from  Govern- 
ment main. 

December  — ,  1911,  to  the  New  York  Central  &  Hudson  Kiver 
Railroad  Co.  to  connect  a  1-inch  pipe  with  the  Government  main  and 
to  receive  water  through  the  same  for  supplying  station. 

Jurisdiction. — Ceded  to  the  United  States  by  acts  of  the  State 
legislature  passed  March  7, 1846,  and  May  12, 1892,  which  acts_pro_vide 
as  follows: 

SECTION  1.  The  consent  of  the  State  of  New  York  is  hereby  given  to  the  pur- 
chase by  the  United  States  of  such  lots  of  ground  and  tracts  of  land  in  or  near 
the  City  of  Buffalo,  at  or  near  the  mouth  of  Genesee  River,  and  at  or  near 
Sacketts  Harbor,  and  also  to  the  purchase  of  such  island  or  islands  in  the  river 
St.  Lawrence  between  St.  Regis  and  the  Thousand  Islands  as  the  authorities  or 
Government  of  the  United  States  may  select  for  the  site  of  fortifications  or 
defensive  works  at  the  points  above  designated,  and  the  United  States  may 
have,  hold,  use,  occupy,  and  own  said  lots  of  land  and  such  island  or  islands  and 
exercise  jurisdiction  and  control  over  the  same  subject  to  the  restrictions  here- 
inafter mentioned. 

SEC.  2.  The  jurisdiction  of  the  State  of  New  York  in  and  over  the  said  lands 
and  island  or  islands  mentioned  in  the  last  section  shall  be  and  the  same  is 
hereby  ceded  to  the  United  States  for  the  purpose  of  erecting  fortifications  and 
defensive  works  thereon. 

SEC.  3.  The  said  consent  is  given  and  the  said  jurisdiction  ceded  upon  the 
express  condition  that  the  State  of  New  York  shall  retain  a  concurrent  jurisdic- 
tion with  the  United  States  in  and  over  the  said  tracts  of  land  and  island  or 
islands  so  far  as  that  all  civil  process  in  all  cases  and  such  criminal  process  as 
may  issue  under  the  laws  or  authority  of  the  State  of  New  York  against  any 
person  or  persons  charged  with  crimes  committed  without  said  tracts  of  land 
and  island  or  islands  may  be  executed  thereon  in  the  same  way  and  manner  as 
if  such  consent  had  not  been  given  or  jurisdiction  ceded  except  so  far  as  such 
process  may  affect  the  real  or  personal  property  of  the  United  States. 

SEC.  4.  The  jurisdiction  hereby  ceded  shall  not  vest  in  respect  to  any  or  either 
of  such  lots  of  land  or  islands  until  the  United  States  shall  have  acquired  title 
to  the  same  either  by  purchase  or  in  the  manner  hereinafter  prescribed. 

SEC.  5.  If  the  United  States  can  not  acquire  the  title  to  the  said  tracts  of  land 
and  islands,  or  either  of  them  by  purchase  the  same  may  be  taken  and  the  dam- 
ages may  be  ascertained  and  paid  in  the  manner  prescribed  in  the  fourth  article 
of  the  second  title  of  chapter  nine  of  the  third  part  of  the  Revised  Statutes  and 
the  same  proceedings  shall  be  had  in  all  respects  as  are  prescribed  in  the  said 
article. 

SEC.  6.  The  said  tracts  of  land  and  island  or  islands,  when  acquired  by  the 
United  States  by  purchase  or  by  proceedings  under  the  last  section  shall  be 
and  continue  forever  thereafter  exonerated  and  discharged  from  all  taxes, 
assessments,  and  other  charges  which  may  be  levied  or  imposed  under  the 
authority  of  this  State,  but  the  jurisdiction  hereby  ceded  and  the  exemption 
from  taxation  hereby  granted  shall  continue  in  respect  to  said  tracts  of  land  or 
island  or  islands  respectively  so  long  as  the  same  shall  remain  the  property  of 
the  United  States  and  no  longer.  (Passed  Mar.  7,  1846.  Rev.  Stats  of  N  Y 
8th  ed.,  vol.  1,  p.  174.) 

SECTION  1.  Consent  is  hereby  given  to  the  Government  of  the  United  States 
of  America  to  purchase  and  acquire  such  lands  in  the  village  of  Sackett's 
Harbor,  county  of  Jefferson,  for  the  erection  of  forts,  magazines,  arsenals, 
dock  yards,  and  other  needful  buildings  as  it  may  deem  necessary  and  on  the 
property  now  owned  or  hereafter  acquired  under  this  act  to  which  it  has  ob- 
tained title.  The  jurisdiction  over  the  same  shall  vest  in  the  said  United  States, 
but  the  jurisdiction  hereby  granted  shall  not  impede  or  prevent  the  execution 
of  any  legal  process,  civil  or  criminal,  issued  under  the  authority  of  this 
State,  except  such  as  may  affect  the  real  or  personal  property  of  said  United 
States. 

SEC.  2.  The  jurisdiction  hereby  granted  shall  cease  whenever  the  said  United 
States  shall  cease  to  occupy  the  said  lands  for  the  purposes  aforesaid;  but 
during  such  occupation,  and  no  longer,  said  lands  shall  be  exempt  from  all  taxes 
and  assessments  or  other  charges  under  the  authority  of  this  State.  (Approved 
May  12,  1892.  Laws  of  N.  Y.,  1892,  ch.  505.) 


266  UNITED   STATES    MILITARY   RESERVATIONS,  ETC. 

To  enable  the  United  States  to  acquire  the  right  of  water  supply 
for  Madison  Barracks  and  to  cede  the  jurisdiction  over  such  fran- 
chise to  the  United  States  the  following  act  of  the  State  legislature 
was  passed  April  3,  1893: 

SECTION  1.  Consent  is  hereby  given  to  the  Government  of  the  United  States 
of  America  to  purchase  and  acquire  the  right  of  way  in  the  village  of  Sackett's 
Harbor,  or  town  of  Hounsefield,  county  of  Jefferson,  to  carry  water  through 
pipes  from  the  waters  of  Lake  Ontario  and  Henderson  Bay  to  Madison  Bar- 
racks, for  the  water  supply  at  that  point  of  the  military  post  of  the  United  States, 
and  to  acquire  the  title  of  lands  necessary  for  that  purpose,  or  the  right  of 
way  only.  And  the  State  of  New  York  hereby  cedes  to  the  United  States  the 
right  to  lay  such  pipes  under  and  along  the  highways  of  said  State,  provided 
the  same  are  restored  to  as  good  condition  as  the  same  were  in  before  such 
pipes  were  laid,  and  to  enter  upon  said  highway  and  keep  the  said  pipes  in 
repair,  upon  the  same  condition,  and  hereby  concedes  jurisdiction  to  the  said 
United  States  over  the  lands  and  franchises  which  the  United  States  has 
acquired  for  the  purpose  of  such  water  supply,  or  may  acquire  pursuant  to 
this  act. 

SEC.  2.  In  case  the  United  States  can  not  agree  for  the  purchase  thereof  with 
the  owners  of  such  lands  and  franchises  as  it  may  need  for  the  purposes  afore- 
said, the  Secretary  of  War  of  the  United  States,  or  such  officer  as  he  may 
appoint  for  that  purpose,  or  any  officer  of  the  United  States  authorized  by  the 
Government  of  the  United  States  so  to  do,  may  proceed  to  obtain  the  said 
lands  and  franchises  according  to  the  condemnation  laws  of  this  State.  (Laws 
of  N.  Y.,  1893,  vol.  1,  p.  494,  ch.  261.) 

See  also  "  General  act  of  cession." 

MADISON    BARRACKS    (STONY  POINT  TARGET   RANGE). 

This  reservation  is  situated  at  Stony  Point,  about  16  miles  from 
Sacketts  Harbor.  Located  for  the  use  of  Madison  Barracks.  It 
contains  an  area  of  868  acres  and  was  acquired  for  the  use  of  Madi- 
son Barracks  under  authority  of  an  act  of  Congress  approved  August 
6.  1894  (28Stat,  241). 

'  Title.— I.  Deed  from  Emily  D.  Wood,  dated  May  20,  1895,  convey- 
ing 78  acres  of  land.  Kecorded  in  liber  279,  page  352,  of  the  deed 
records  of  Jefferson  County. 

2.  Deed  from  Peter  Worthingham  and  wife,  dated  May  21,  1895, 
conveying  87.90  acres.     Recorded  in  liber  279,  page  355,  of  same 
records. 

3.  Deed  from  Birdsall  Boyce  and  wife  et  al.,  dated  May  21,  1895, 
conveying  13.80  acres.     Recorded  in  liber  279,  page  357,  of  same 
records. 

4.  Deed  from  George  H.  Warner  and  wife,  dated  May  21,  1895, 
conveying   169  acres.     Recorded   in  liber   279,  page   354,   of   same 
records. 

5.  Deed  from  Halsey  L.  Irwin  and  wife,  dated  May  21,  1895,  con- 
veying 44.11  acres.     Recorded  in  liber  280,  page  73,  of  same  records. 

6.  Deed  from  Asa  W.  Carter  and  wife,  dated  May  21,  1895,  convey- 
ing 5  acres.     Recorded  in  liber  279,  page  358,  of  same  records. 

7.  Deed  from  Lovilow  Jackson,  dated  May,  21,  1895,  conveying 
11.25  acres.     Recorded  in  liber  280,  page  72,  of  same  records. 

8.  Deed  from  Payson  F.  Thompson  and  wife,  dated  May  22,  1895, 
conveying  6  acres.     Recorded  in  liber  279,  page  359,  of  same  records. 

9.  Deed  from  Ezra  J.  Clark  and  wife,  dated  May  20,  1895,  con- 
veying 6  acres.     Recorded  in  liber  280,  page  77,  of  same  records. 

10.  Deed  from  heirs  of  Horace  Clark,  dated  May  20,  1895,  convey- 
ing above  6  acres.     Recorded  in  liber  280,  page  75,  of  same  records. 


NEW   YORK.  267 

11.  Deed  from  heirs  of  Greene  Clark,  dated  May  29,  1895,  convey- 
ing above  6  acres.     Recorded  in  liber  280,  page  76,  of  same  records. 

12.  Deed  from  Hulburt  Ingraham  and  wife,  dated  May  23,  1895, 
conveying  3  acres.    Recorded  in  liber  279,  page  353,  of  same  records. 

13.  Deed  from  Payson  F.  Thompson  and  wife,  dated  May  22, 1895, 
conveying  138.50  acres.     Recorded  in  liber  280,  page  71,  of  same 
records. 

14.  Deed  from  F.  A.  Kilby  and  wife  et  al.,  dated  May  21,  1895, 
conveying  90.60  acres.     Recorded  in  liber  279,  page  360,  of  same 
records. 

15.  Deed  from  heirs  of  Nathan  Foreman,  dated  May  22,  1895,  con- 
veying 4.50  acres.     Recorded  in  liber  280,  page  74,  of  same  records. 

16.  Deed  from  James  L.  McCumber  and  wife,  dated  May  21,  1895, 
conveying  154.25  acres.     Recorded  in  liber  280,  page  71,  of  same 
records. 

17.  Deed  from  George  A.  Hossington  and  wife,  dated  November 
19,  1907,  conveying  62.25  acres.     Recorded  in  liber  325,  page  148,  of 
same  records. 

Jurisdiction. — Ceded  by  act,  approved  April  14,  1909,  describing 
the  premises  by  metes  and  bounds,  upon  the  following  condition : 

§  2.  The  said  jurisdiction  so  ceded  shall  be  upon  the  express  condition  that 
the  state  of  New  York  shall  retain  a  concurrent  jurisdiction  with  the  United 
States  on  and  over  the  property  and  premises  so  conveyed,  so  far  as  that  all 
civil  and  criminal  process,  which  may  issue  under  the  laws  or  authority  of  the 
state  of  New  York,  may  be  executed  thereon  in  the  same  way  and  manner  as  if 
such  jurisdiction  had  not  been  ceded,  except  so  far  as  such  process  may  affect 
the  real  or  personal  property  of  the  United  States. 

FORT   MICHIE. 

This  reservation  is  situated  in  Long  Island  Sound,  about  3  miles 
northeast  from  Plum  Island,  in  Suffolk  County.  It  contains  about 
17  acres,  comprising  all  of  Great  Gull  Island. 

Title. — Deed  from  Benjamin  Jerom,  dated  January  26,  1803,  con- 
veying Great  and  Little  Gull  Islands,  "  the  same  being  intended  for 
the  erection  of  a  lighthouse  and  its  accommodations."  Recorded  in 
liber  C,  — ,  page  410,  of  the  deed  records  of  Suffolk  County,  Feb- 
ruary 22,  1803.  Great  Gull  Island  was  transferred  by  the  Treasury 
Department  to  the  War  Department  September  18,  1896,  for  pur- 
poses of  national  defense. 

Jurisdiction. — Ceded  to  the  United  States  by  an  act  of  the  State 
legislature,  passed  March  26,  1803,  which  reads  as  follows : 

Whereas  the  United  States  have  purchased  the  Islands  hereinafter  mentioned 
for  the  purposes  of  erecting  a  Light-House  on  one  of  them ;  and 

Whereas  it  is  meet  and  proper  that  the  jurisdiction  of  this  State  in  and  over 
the  said  Islands  should  be  made  to  the  United  States,  under  certain  limitations, 
for  the  purpose  aforesaid :  Therefore, 

Be  it  enacted  by  the  people  of  the  State  of  New  York,  represented  in  Senate 
and  Assembly,  That  the  jurisdiction  in  and  over  all  those  two  certain  islands, 
situate  in  the  County  of  Suffolk,  commonly  known  by  the  names  of  Great  Gull 
Island  and  Little  Gull  Island,  bounded  on  all  sides  by  the  waters  of  the  East 
River,  shall  be  and  hereby  is  ceded  to  the  United  States  of  America :  Provided, 
nevertheless,  That  such  jurisdiction,  so  ceded  as  aforesaid,  shall  not  extend 
or  be  construed  to  extend  so  as  to  impede  or  prevent  the  execution  of  any 
process,  Civil  or  Criminal,  under  the  authority  of  this  State,  except  so  far 


268  UNITED   STATES    MILITARY    RESERVATIONS,  ETC. 

forth  as  such  process  may  affect  any  of  the  real  or  personal  property  of  the 
United  States  within  the  said  Islands.  (See  Rev.  Stats,  of  N.  T.,  8th  ed.,  vol. 
1,  p.  153,  sec.  4.) 

See  also  "  General  act  of  cession." 

FORT    MONTGOMERY. 

This  reservation  is  situated  north  of  and  adjoining  the  village  of 
Rouses  Point,  on  the  western  bank  of  Lake  Champlain  and  near  its 
outlet,  in  Clinton  County,  and  contains  about  600  acres. 

Title. — 1.  Deed  from  DeWitt  Clinton,  governor  of  New  York, 
dated  October  17,  1817,  conveying  lots  61,  62,  63,  64,  65,  and  66  of  the 
"refugee  tract,"  aggregating  480  acres.  Recorded  in  liber  F,  page 
9,  etc.,  of  the  deed  records  of  Clinton  County. 

2.  Deed  from  John  Warford  and  wife,  dated  November  18,  1817, 
conveying  9  acres  3  roods  and  5  poles  of  land.     Recorded  in  liber 
F,  page  13,  etc.,  of  same  records. 

3.  Patent  from  the  State  of  New  York,  dated  May  15,  1818,  con- 
veying an  island  in  Lake  Champlain  near  Rouses  Point;  also  land 
under  water  opposite  lots  61  to  66,  inclusive.    Recorded  in  liber  F, 
page  112,  etc.,  of  same  records. 

Lease. — November  1,  1914,  for  five  years,  to  the  Champlain  & 
St.  Lawrence  Railroad  Co.,  controlled  and  operated  by  the  Grand 
Trunk  Railway  Co.  of  Canada,  to  occupy  for  the  purpose  of  right 
of  way  a  strip  of  land  100  feet  in  width  and  about  4,000  feet  in  length 
across  the  reservation,  pursuant  to  authority  of  acts  of  Congress, 
approved  March  1,  1893  (27  Stat,  527),  and  July  28,  1892  (27  Stat, 
321). 

Revocable  licenses. — October  7,  1892,  to  John  R.  Myers,  president 
of  village  of  Rouses  Point,  to  erect  a  pest  house  on  that  portion  of 
reservation  assigned  for  that  purpose  to  the  Marine-Hospital  Service 
in  1885. 

July  15,  1901,  to  John  R.  Myers  to  lay  out  a  golf  course  on  the 
reservation. 

July  13,  1902,  to  James  W.  Callopy  to  construct  and  use  a  small 
wharf  projecting  from  the  reservation. 

June  30,  1906,  to  Delaware  &  Hudson  Co.  for  railroad  track. 

Jurisdiction. — Ceded  to  the  United  States  by  acts  of  the  State 
legislature  passed  March  31,  1815,  April  21,  1818,  and  April  21,  1840, 
which  provide  as  follows : 

I.  Be  it  enacted,  etc.,  That  the  person  administering  the  government  of  this 
State,  the  lieutenant-governor,  the  Chancellor,  the  chief  justice  of  the  supreme 
court,  the  secretary  of  state,  the  attorney-general,  and  the  surveyor  general, 
for  the  time  being  be,  and  they  are  hereby,  appointed  commissioners,  with  full 
power  to  them,  or  any  four  of  them,  whereof  the  person  administering  the 
government  of  this  State,  for  the  time  being,  shall  always  be  one  in  their  dis- 
cretion, as  they  shall  judge  the  safety  and  defence  of  the  northern  and  western 
frontiers  of  this  State  to  require,  and  in  such  manner  and  form  as  they  shall 
judge  necessary  and  proper,  to  declare  the  consent  of  the  legislature  of  this 
State  that  such  parcels  of  land  as  shall  be  purchased  by  the  government  of  the 
United  States,  for  the  erection  of  forts,  magazines,  arsenals,  dock-yards,  and 
other  needful  buildings  in  the  several  counties  of  this  State  adjacent  to  the 
northern  and  western  bounds  thereof,  and  which  they  shall,  from  time  to  time, 
judge  necessary  for  the  purposes  aforesaid,  shall  be  subject  to  the  jurisdiction 
of  the  United  States,  and  thereupon  the  jurisdiction  of  the  said  lands  shall  be 
vested  in  the  United  States :  Provided,  however,  That  such  cession  or  cessions 


NEW  YORK.  269 

shall  not  exceed  five  hundred  acres,  in  any  one  of  the  said  counties :  And  pro- 
vided further,  That  such  cession  or  cessions  shall  not  in  any  case  extend,  or  be 
deemed  or  construed  to  prevent  the  execution  of  any  process,  civil  or  criminal, 
under  the  authority  of  this  State. 

II.  And  be  it  further  enacted,  That  the  powers  vested  in  the  Commissioners 
constituted  by  the  act,  entitled  "An  act  to  cede  the  jurisdiction  of  certain  lands 
in  this  State,  to  the  United  States,"  passed  March  20,  1807,  be,  and_they  are 
hereby  extended  to  lands  in  the  county  of  Westchester,  and  to  lands  coveTed  by 
water  within  the  bounds  of  said  County :  Provided,  That  cessions  to  be  made  by 
the  Commissioners  in  the  said  act  authorized  and  appointed  shall  be  of  such 
lands  only  as  in  their  opinion  shall  be  necessary  for  the  defence  and  safety  of 
the  city  and  port  of  New  York. 

III.  And  be  it  further  enacted,  That  such  declaration  or  declarations  of  the 
consent  of  the  legislature  of  this  State  shall,  in  all  cases,  explicitly  define,  by 
accurate  metes  and  bounds,  the  situation  of  the  lands,  the  jurisdiction  whereof 
shall  be  ceded  in  virtue  of  this  act,  which  description  shall  be  filed  in  the  office 
of  the  Secretary  of  this  State,  and  such  declaration  or  declarations  may,  in 
addition  to  the  restrictions  and  limitations  prescribed  by  this  act  and  the  act 
above  referred  to,  contain  such  other  limitations,  restrictions  and  qualifications 
as  the  said  Commissioners  respectively  may  deem  expedient.     (Passed  Mar.  31, 
1815.    See  Rev.  Stats,  of  N.  Y.,  8th  ed.,  vol.  1,  p.  160,  sec.  13.) 

I.  Be  it  enacted,  etc.,  That  the  commissioners  of  the  land  office  of  this  State, 
be  and  they  are  hereby  authorized  and  required  to  cede  to  the  United  States, 
the  title  and  jurisdiction  of  this  State  to  so  much  land  on  the  Galloo  island  on 
lake  Ontario,  within  this  State,  as  they  shall  deem  necessary  for  the  purpose  of 
erecting  a  light  house  thereon:  Provided  always,  That  the  tract  of  land  so 
granted  shall  not  exceed  five  acres:  And  provided  further,  That  such  cession 
shall  not  impede  or  prevent  the  execution  of  any  process  at  law  under  the 
authority  of  this  State,  except  against  the  real  or  personal  property  of  the  gov- 
ernment of  the  United  States. 

II.  And  le  it  further  enacted,  That  the  property  so  ceded  shall  be,  and  here- 
after is  exonerated  and  discharged  from  any  taxes  which  may  be  laid  or  im- 
posed under  the  authority  of  the  government  of  this  State,  while  said  lands 
shall  remain  the  property  of  the  Government  of  the  United  States,  and  while 
the  same  shall  be  appropriated  to  the  purposes  intended  by  this  act,  and  not 
otherwise. 

VIII.  And  be  it  further  enacted,  That  the  Commissioners  of  the  land  office  of 
this  State  be,  and  they  are  hereby  authorized  and  required  to  cede  to  the  United 
State  the  title  and  jurisdiction  of  this  State  to  the  small  island  near  Rouse's 
point,  on  lake  Chainplain,  called  Island  Point ;  also  to  the  land  under  water 
opposite  the  same ;  also  to  the  land  under  water  in  the  said  lake,  opposite  to  lots 
number  sixty,  sixty-one,  sixty-two,  sixty-three,  sixty-four,  sixty-five  and  sixty- 
six,  adjoining  the  said  Rouse's  point,  the  title-  aad  jurisdiction  of  this  State 
to  which  lots  have  heretofore  been  ceded  to  the  United  States ;  subject,  how- 
ever, to  the  like  provisions  and  restrictions  as  are  contained  in  the  first  and  sec- 
ond sections  of  this  act.  (Passed  Apr.  21,  1818.  See  Rev.  Stats,  of  N.  Y.,  8th 
ed.,  vol.  1,  p.  160,  sec.  14.) 

Subsequent  to  the  passage  of  the  act  of  the  State  legislature  of 
April  21,  1818,  the  commissioners  appointed  by  the  act  of  March  31, 
1815,  conveyed  title  to  and  ceded  jurisdiction  over  the  lands  hereto- 
fore conveyed  to  the  United  States.  Deed  of  cession  recorded  in 
liber  F,  page  109,  etc.,  of  the  deed  records  of  Clinton  County. 

See  also  "  General  act  of  cession." 

FORT  NEWTON. 

On  Staten  Island  at  Fort  Wadsworth. 

NEW  YORK  ARSENAL. 

On  Governors  Island.    See  Fort  Jay. 


270  UNITED    STATES    MILITARY    KESERVATIONS,  ETC. 

FORT   NIA(JAKA. 

This  reservation  is  situated  on  the  Niagara  River  at  its  junction 
with  Lake  Ontario.  14  miles  below  Niagara  Falls,  7  miles  from 
Lewiston,  in  Niagara  Count}7,  and  contains  an  area  of  288.50  acres. 

Title  and  jurisdiction. — 1.  Act  of  the  State  legislature  passed  April 
21,  1840,  authorizing  conveyance  of  title  and  cession  of  jurisdiction. 
See  Infra ;  also  Fort  Montgomery. 

2.  Patent  from  the  governor  of  New  York,  dated  July  8,  1841, 
conveying  above  site  and  ceding  jurisdiction  in  accordance  with  the 
act  of  April  21, 1840.  Recorded  in  Book  of  Patents,  No.  25,  page  630, 
in  the  office  of  the  secretary  of  state  for  the  State  of  New  York. 

SECTION  1.  The  commissioners  of  the  land-office  are  hereby  authorized  to  cede 
and  convey  to  the  United  States  of  America  the  title  of  this  state  t<>  Hie  lands 
belonging  to  this  state  situate  in  the  south  village  of  Black  Rock,  between  Lake 
street  or  Broadway  and  the  easterly  line  of  the  Buffalo  and  Black  Rock  rail- 
road, in  said  south  village  of  Black  Rock,  or  so  much  thereof  as  may  be  re- 
quired by  the  United  States  of  America,  and  necessary  for  the  purpose  of 
erecting  and  establishing  a  fort,  battery,  barracks,  parade  grounds  or  military 
post;  and  also  to  the  lands  covered  by  Fort  Niagara,  and  such  other  adjacent 
thereto  as  shall  be  necessary  for  the  accommodation  of  that  post. 

SEC.  2.  The  jurisdiction  over  such  lands  as  shall  be  conveyed  by  virtue  of  the 
first  section  of  this  act,  and  such  other  lands  adjacent  as  shall  be  purchased  by 
the  United  States  for  the  purpose  mentioned  in  said  first  section;  and  over  such 
lands  as  shall  be  purchased  by  the  United  States,  and  as  are  necessary  as  a 
site  for  a  fort  near  the  outlet  of  Lake  Champlain,  from  and  after  the  con- 
veyance of  such  lands,  and  upon  the  execution  thereof,  shall  be  ceded  to  and 
vest  in  the  United  States  of  America.  But  such  jurisdiction  shall  not  impede 
the  execution  of  any  process,  civil  or  criminal,  issued  under  the  authority  of 
this  state,  except  so  far  as  such  process  may  affect  the  real  or  personal  prop- 
erty of  the  United  States  within  the  ceded  territory. 

SEC.  3.  The  property  over  which  jurisdiction  is  granted,  by  the  second  sec- 
tion of  this  act,  shall  be  exonerated  and  discharged  from  all  taxes  and  assess- 
ments which  may  be  levied  or  imposed  under  the  authority  of  this  state,  while 
the  said  lands  shall  remain  the  property  of  the  United  States,  and  shall  be  used 
for  the  purpose  intended  by  this  act,  and  not  otherwise. 

SEC.  4.  Whenever  the  United  States  shall  cease  to  occupy  the  said  land,  or 
any  part  thereof,  for  the  purpose  mentioned  in  the  first  section  of  this  act,  then 
said  lands  shall  revert  to  the  people  of  this  state.  (Passed  Apr.  21,  1840.  Rev. 
Stats,  of  N.  Y.,  8th  ed.,  vol.  1,  p.  172.) 

See  Appendix,  page  500. 

See  also  "  General  act  of  cession." 

Revocable  licenses. — September  4,  1889,  to  the  light  keeper  at  Fort 
Niagara  to  tap  the  water  main  opposite  the  lighthouse  dwelling  to 
furnish  water  for  domestic  purposes. 

July  21,  1892,  to  the  Treasury  Department  to  locate  a  life-saving 
station  on  the  reservation. 

October  22, 1894,  to  the  Treasury  Department  to  extend  the  launch- 
way  in  front  of  the  life-saving  station  30  feet  into  deeper  water  and 
to  erect  a  look-out  house  in  the  southwesterly  bastion  of  the  fort. 

February  2, 1897,  to  the  Lewiston  &  Youngstown  Frontier  Kailway 
Co.  to  extend  its  tracks  upon  the  reservation. 

November  18,  1897,  to  the  Treasury  Department  to  construct  a 
boathouse  upon  the  reservation. 

June  3,  1903,  to  the  Treasury  Department  to  move  the  life-saving 
station  about  250  feet  to  the  westward  of  its  former  location  and  to 
construct  a  boathouse  and  laiinchway. 

June  10, 1913,  to  the  Niagara  County  Home  Telephone  Co.  to  main- 
tain and  operate  a  telephone  line. 


NEW  YORK.  271 

FORT  ONTARIO. 

This  reservation  is  situated  on  the  Oswego  River,  at  its  junction 
with  Lake  Ontario,  adjoining  the  city  of  Oswego,  in  Oswego  County. 
It  contains  an  area  of  about  75.90  acres,  with  metes  and  bounds,  as 
announced  in  G.  O.  51,  W.  D.,  April  8, 1908. 

Title  and  jurisdiction. — Letters  patent  from  the  governor  of  the 
State  of  New  York,  dated  August  15,  1839,  conveying  title  to  and 
jurisdiction  over  the  lands  embraced  in  said  reservation  by  virtue  of 
the  authority  given  by  an  act  of  the  State  legislature  passed  April  25, 
1839,  which  provides  as  follows: 

SECTION  1.  The  commissioners  of  the  land  office  are  hereby  authorized  to  con- 
vey to  the  United  States  of  America,  the  title  of  this  state  to  all  that  parcel  of 
land  lying  near  the  mouth  of  the  Oswego  river  in  Oswego  county,  known  as  the 
old  fort,  military  and  parade  ground,  containing  fifty-four  acres,  be  the  same 
more  or  less,  or  so  much  thereof  as  may  be  required  by  the  United  States  for 
the  purpose  of  reestablishing  the  military  post,  of  rebuilding  the  fort,  redoubts, 
and  barracks,  and  of  improving  the  parade  ground. 

SEC.  2.  The  jurisdiction  over  such  land  as  may  be  conveyed  by  virtue  of  the 
first  section  of  this  act,  from  and  after  such  conveyance,  shall  be  ceded  to  the 
United  States  of  America,  for  the  purposes  for  which  such  lands  shall  have 
been  conveyed ;  such  jurisdiction  shall  not  be  construed  so  as  to  prevent  or  im- 
pede the  execution  of  any  process,  civil  or  criminal,  under  the  authority  of  this 
state,  except  so  far  as  such  process  may  affect  the  real  or  personal  property  of 
the  United  States  within  the  said  parcel  of  land. 

SEC.  3.  The  property  so  ceded  shall  be  exonerated  and  discharged  from  any 
taxes  which  may  be  imposed  under  the  authority  of  this  state  while  the  said 
land  shall  remain  the  property  of  the  United  States,  and  while  the  same  shall  be 
appropriated  to  the  purposes  intended  by  this  act  and  not  otherwise. 

SEC.  4.  Whenever  the  United  States  shall  cease  to  occupy  the  aforesaid  men- 
tioned land  for  the  purposes  mentioned  in  the  first  section  of  this  act,  then  said 
land  shall  revert  to  the  people  of  this  state.  (Passed  Apr.  25,  1839.  Rev.  Stats, 
of  N.  Y.,  8th  ed.,  vol.  1,  p.  171.) 

See  also  "  General  act  of  cession." 

Easements. — Joint  resolution  of  Congress,  approved  February  19, 
1869  (15  Stat,  345),  granted  to  the  New  York,  Ontario  &  Western 
Railway  Co.  (successor  to  the  New  York  &  Oswego  Midland  Co.)  a 
right  of  way  through  the  reservation.  Licenses  under  above  author- 
ity, November  8,  1881,  and  January  11,  1882. 

Act  of  Congress,  approved  March  3,  1901  (31  Stat.,  1086),  granted 
to  the  Oswego  &  Rome  Railroad  Co.  the  right  to  operate  and  main- 
tain a  line  of  railroad  through  the  reservation. 

Revocable  licenses. — August  5,  1852  (in  form  of  agreement) ,  to  the 
city  of  Oswego  to  make  certain  improvements  upon  the  land  under 
water  lying  in  front  of  the  reservation,  by  excavation,  and  by  build- 
ing wharves,  docks,  and  slips  to  a  height  not  exceeding  the  existing 
Government  pier  at  Oswego. 

May  27,  1854,  and  March  3,  1857,  to  the  city  of  Oswegc  to  use  cer- 
tain Government  property  at  Oswego. 

April  14,  1858  (in  form  of  agreement),  to  the  city  of  Oswego  to 
erect  woodsn  storehouses  upon  the  wharves  erected  by  said  city,  and 
to  use  the  United  States  dock  and  a  small  lot  adjacent  thereto. 

December  30,  1896,  to  the  city  of  Oswego  to  construct  and  main- 
tain a  surface  drain  on  the  reservation. 

January  18,  1906,  to  the  Ontario  Telephone  Co.  for  telephone 
system. 

12925°— 16 18 


272  UNITED    STATES    M1LITAKY    RESERVATIONS,  ETC. 

July  16,  1906,  to  New  York,  Ontario  &  Western  Kailway  Co.  for 
railroad  track. 

February  6,  1908,  in  lieu  of  one  dated  January  11,  1904,  to  the 
New  York,  Ontario  &  Western  Railway  Co.  to  operate  and  maintain 
its  existing  tracks  along  the  southern  edge  and  southwestern  corner 
of  reservation,  etc. 

August  16,  1911,  to  Secretary  of  Treasury  to  use  a  portion  of  the 
reservation  for  the  Life-Saving  Service  and  to  place  riprap  along 
shore. 

PINE  PLAINS  MANEUVER  RESERVATION. 

This  reservation  is  situated  in  the  towns  of  Philadelphia,  Leroy, 
and  Wilna;  county  of  Jefferson,  and  contains  an  area  of  about 
10,307.67  acres. 

Title. — 1.  Decree  of  United  States  Circuit  Court  for  the  Northern 
District  of  New  York,  filed  December  6, 1910,  covering  certain  tracts, 
part  of  great  lot  No.  4  of  McCombs'  purchase,  having  an  aggregate 
area  of  9,605.64  acres. 

2.  Decree  of  United  States  District  Court,  Northern  District  of 
New  York.,  filed  October  8,  1912,  covering  the  acquisition  of  12  par- 
cels of  land  having  an  aggregate  area  of  702.03  acres. 

Agreement  with  New  York  Central  &  Hudson  River  Railroad  Co., 
dated  June  8,  1911,  covering  construction,  etc.,  of  4-inch  water  pipe 
under  tracks  of  said  company,  for  water  supply. 

PLATTSBURG    BARRACKS. 

This  reservation  is  situated  on  the  west  shore  of  Lake  Champlain, 
at  the  town  of  Plattsburg,  in  Clinton  County,  and  contains  an  area 
of  about  703  acres,  including  public  highway  and  railroad  right  of 
way,  etc.  The  original  reservation,  comprising  about  200  acres,  was 
purchased  about  December  30,  1814,  which  was  diminished  to  about 
197  acres  by  the  extension  of  Hamilton  and  Jay  Streets,  cutting  off 
about  2  acres,  which  have  been  sold.  Additional  lands  (506.35  acres) 
were  acquired  under  act  of  Congress  approved  February  7,  1891  (26 
Slat,  734). 

Title. — 1.  Deed  from  Pliny  Moore  and  wife  and  Levi  Platt  and 
wife,  datel  December  30,  1814,  conveying  200  acres  of  land.  Re- 
corded in  liber  M.  R.  T.,  page  101,  etc.,  of  the  records  of  deeds  in  the 
secretary's  office  for  the  State  of  New  York. 

2.  Deed  from  William  P.  Mooers  and  wife,  dated  August  24,  1891, 
conveying  40  acres  of  land,  known  as  "  Isle  of  St.  Michel "  or  "  Crab 
Island."    Recorded  in  volume  88,  page  420,  of  the  deed  records  of 
Clinton  County. 

3.  Deed  from  Patrick  Flannigan  and  wife,  dated  August  27,  1891, 
conveying  8.66  acres  of  land.    Recorded  in  volume  88,  page  423,  of 
same  records. 

4.  Deed  from  Hugh  Flannigan  and  wife,  dated  August  27,  1891, 
conveying  61  acres  of  land.     Recorded  in  volume  88,  page  424,  of 
same  records. 

5.  Deed  from  Oliver  Sharron  and  wife,  dated  August  27,  1891, 
conveying  40.57  acres  of  land.    Recorded  in  volume  88,  page  425,  of 
same  records. 


NEW  YORK.  273 

6.  Deed  from  John  Rice  et  al.,  dated  August  28,  1891,  conveying 
10.32  acres  of  land.    Recorded  in  volume  88,  page  945,  etc.,  of  same 
records. 

7.  Deed  from  Leonard  J.  Howard  et  al.,  dated  September  2,  1891, 
conveying  the  undivided  five-sixths  of  66.70  acres  of  land.    Recorded 
in  volume  88,  page  953,  etc.,  of  same  records. 

8.  Deed  from  David  F.  Dobie,  guardian,  etc.,  dated  September  21, 
1891,  conveying  the  undivided  one-sixth  of  66.70  acres  of  land.    Re- 
corded in  volume  88,  page  955,  etc.,  of  same  records. 

9.  Deed  from  William  W.  Hartwell  and  wife,  dated  September  25, 
1891,  conveying  4.52  acres  of  land.    Recorded  in  volume  88,  page  426, 
of  same  records. 

10.  Deed  from  William  W.  Hartwell  and  wife,  dated  October  1, 
1891,  conveying  138.10  acres  of  land.    Recorded  in  volume  88,  page 
428,  of  same  records. 

11.  Deed  from  Charles  Thomas  and  wife,  dated  October  1,  1891, 
conveying  8.55  acres  of  land.    Recorded  in  volume  88,  page  422,  of 
same  records. 

12.  Decree  of  condemnation  for  6.10  acres  of  land  in  case  of  the 
United  States,  etc.,  v.  Gervis  G.  Decora  et  al.,  in  the  United  States 
district  court  for  the  northern  district  of  New   York.     Rendered 
October  12,  1891,  and  filed  with  the  record  in  said  cause  in  the  clerk's 
office  of  said  court. 

13.  Deed  from  John  Dallaghan  and  wife,  dated  October  20,  1891, 
conveying  14.60  acres  of  land.    Recorded  in  volume  88,  page  947,  of 
the  deed  records  of  Clinton  County. 

14.  Deed  from  Eliza  A.  Carter  and  husband,  dated  November  28, 
1891,  conveying  32  acres  of  land.    Recorded  in  volume  88,  page  421, 
of  same  records. 

15.  Decree  of  condemnation  for  1.34  acres  of  land  in  the  case  of  the 
United  States  v.  Margaret  Palmer  et  al.,  in  the  United  States  dis- 
trict court  for  the  northern  district  of  New  York.    Rendered  Febru- 
ary 9,  1892,  and  filed  with  the  record  in  said  cause  in  the  clerk's 
office  of  said  district  court. 

16.  Deed  from  Martha  E.  Bromley,  dated  September  30,  1891,  con- 
veying 79.21  acres  of  land.    Recorded  in  volume  88,  page  427,  of  the 
deed  records  of  Clinton  County. 

17.  Deed  from  Martha  E.  Bromley,  dated  April  7,  1892,  convey- 
ing 79.21  acres  of  land  (to  correct  error  in  deed  of  Sept.  30,  1891). 
Recorded  in  volume  89,  page  601,  of  same  records. 

Easements.— Under  act  of  Congress  of  May  29, 1908  (35  Stat.,  472), 
the  Secretary  of  War  by  deed,  dated  November  12,  1908,  conveyed  to 
the  Delaware  &  Hudson  Co.  a  right  of  way  through  the  original 
reservation  and  along  the  north  side,  together  with  the  right  to  occupy 
and  use  about  2  acres  in  the  northeast  corner,  in  exchange  for  the 
release  of  all  rights  of  that  company  and  its  subsidiary  companies 
within  the  original  reservation.  Exchange  perfected  by  delivery  of 
deeds  on  February  20,  1911,  the  deed  of  the  company  being  dated 
February  2, 1909.  The  rifle  range  was  acquired  subject  to  the  right  of 
way  of  the  railway  company.  There  is  also  a  public  highway,  the 
"  Lake  Shore  Road,"  running  through  the  reservation. 


274  UNITED    STATES    MILITARY   RESERVATIONS,  ETC. 

Revocable  licenses. — March  27,  1896,  to  the  Plattsburg  Traction 
Co.  to  construct  and  operate  its  tracks  on  the  "Lake  Shore  Road" 
and  "  Peru  Street "  within  the  reservation. 

November  28,  1905,  to  the  Clinton  Telephone  Co.  to  operate  and 
maintain  its  existing  telephone  system. 

May  28,  1909,  to  the  board  of  public  works,  Plattsburg,  N.  Y.,  to 
lay  and  maintain  an  8-inch  water  main  in  the  Lake  Shore  Road  and 
Peru  Street,  within  the  limits  of  the  reservation. 

Jurisdiction. — For  jurisdiction  over  the  original  reservation  see 
act  of  the  State  legislature  of  March  31,  1915.  The  records  do  not 
show  that  the  commissioners  executed  the  deed  provided  for  in  said 
act. 

Jurisdiction  over  the  addition  to  the  reservation  was  ceded  to  the 
United  States  by  an  act  of  the  State  legislature  passed  March  6, 1890. 
which  provides  as  follows:  • 

SECTION  1.  The  consent  of  the  State  of  New  York  is  hereby  given  to  the  United 
States  to  acquire,  by  condemnation,  purchase  or  gift,  in  conformity  with  the  laws 
of  this  State,  one  or  more  pieces  of  land  in  the  town  of  Plattsburgh,  county  of 
Clinton  and  State  of  New  York,  not  to  exceed  in  all  one  thousand  acres,  for  mili- 
tary purposes  for  use  as  a  parade  ground,  or  for  any  military  purposes  connected 
with  the  United  States  Military  post  at  Pittsburgh,  and  the  said  United  States 
shall  have,  hold,  occupy  and  own  said  lands  when  thus  acquired,  and  exercise 
jurisdiction  and  control  over  the  same  and  every  part  thereof,  subject  to  the 
restrictions  hereinafter  mentioned. 

SEC.  2.  The  jurisdiction  of  the  State  of  New  York  in  and  over  the  said  land 
or  lands  mentioned  in  the  foregoing  section,  when  acquired  by  the  United  States, 
shall  be,  and  the  same  hereby  is,  ceded  to  the  United  States,  but  the  jurisdiction 
hereby  ceded  shall  continue  no  longer  than  the  said  United  States  shall  own  the 
said  lands. 

SEC.  3.  The  said  consent  is  given  and  the  said  jurisdiction  ceded  upon  the 
express  condition  that  the  State  of  New  York  shall  retain  concurrent  jurisdic- 
tion with  the  United  States  in  and  over  the  said  land  or  lands,  so  far  as  that 
all  civil  process  in  all  cases,  and  such  criminal  or  other  process  as  may  issue 
under  the  laws  or  .authority  of  the  State  of  New  York  against  any  person  or 
persons  charged  with  crimes  or  misdemeanors  committed  within  said  State, 
may  be  executed  therein  the  same  way  and  manner  as  if  such  consent  had  not 
been  given  or  jurisdiction  ceded,  except  so  far  as  such  process  may  affect  the 
real  or  personal  property  of  the  United  States. 

SEC.  4.  The  jurisdiction  hereby  ceded  shall  not  vest  until  the  United  States 
shall  have  acquired  the  title  to  the  said  land  or  lands,  by  gift,  purchase  or  by 
condemnation,  in  conformity  with  the  laws  of  this  State,  and  so  long  as  the 
said  land  or  lands  shall  remain  the  property  of  the  United  States,  when  acquired 
as  aforesaid,  and  no  longer,  the  same  shall  be  and  continue  exonerated  from 
<ill  taxes,  assessments  and  other  charges  which  may  bo  levied  or  imposed  under 
the  authority  of  this  State.  (Laws  of  N.  Y.,  1890,  p.  27.) 

See  also  "  General  act  of  cession." 

PLUMB  ISLAND    (KINGS  COUNTY). 

This  reservation  is  situated  near  the  eastern  border  of  Sheepshead 
Bay,  being  part  of  the  east  end  of  Plumb  Island,  in  the  town  of 
Gravesend,  in  Kings  County,  and  contains  an  area  of  50  acres.  The 
land  was  acquired  under  the  provisions  of  an  act  of  Congress 
approved  August  18,  1890.  (26  Stat.,  316.) 

Title. — 1.  Decree  of  condemnation  for  50  acres  of  land  in  the  case 
of  the  United  States  v.  George  H.  Engeman,  trustee,  etc.,  et  al.,  in  the 
United  States  District  Court  for  the  Eastern  District  of  New  York. 
Rendered  July  7,  1891,  and  filed  with  the  record  in  the  clerk's  office 
of  said  district  court. 


NEW  YORK.  275 

2.  Deed  from  George  H.  Engeman,  trustee,  etc.,  et  al.,  dated  Sep- 
tember 17,  1891,  conveying  the  above  lands  by  metes  and  bounds. 
Recorded  in  liber  2068,  page  245,  of  the  deed  records  of  Kings 
County. 

Lease. — February  10,  1913,  to  Frank  J.  Dotzler  and  B.  J.  Fowler, 
for  "Plumb  Beach  Association,"  for  five  years  from  February  1, 
1913,  of  entire  reservation. 

Jurisdiction. — Ceded  to  the  United  States  by  an  act  of  the  State 
legislature,  approved  March  27,  1893,  which  provides  as  follows : 

SECTION  1.  The  consent  of  the  State  of  New  York  is  hereby  given  to  the  acqui- 
sition by  the  United  States,  by  purchase  or  by  condemnation  proceedings  in  con- 
formity with  the  laws  of  this  State,  of  one  or  more  pieces  of  land,  measuring 
in  the  aggregate  not  exceeding  sixty  acres,  situated  adjacent  to  and  on  the  east 
side  of  the  present  military  post  of  the  United  States  at  Fort  Hamilton,  Graves- 
end  Bay,  New  York,  and  more  particularly  described  as  follows :  [Here  describes 
the  land  by  metes  and  bounds.]  The  further  consent  of  the  State  of  New  York 
is  hereby  given  to  the  acquisition  by  the  United  States,  by  purchase  or  by  con- 
demnation proceedings  in  conformity  with  the  laws  of  the  State  of  New  York, 
of  a  piece  of  land  on  Plumb  Island,  near  eastern  border  of  Sheepshead  Bay, 
New  York,  measuring  fifty  acres,  more  or  less,  taken  from  the  eastern  end  of 
said  Island,  and  more  particularly  described  as  follows:  [Here  describes  the 
lands  by  metes  and  bounds.]  Upon  the  said  lands  so  acquired  near  Fort  Ham- 
ilton, and  upon  Plumb  Island,  the  United  States  may  erect  fortifications,  bar- 
racks, wharves  and  so  forth,  for  the  defence  of  the  southern  or  main  entrance  to 
New  York  Harbor ;  and  the  United  States  shall  have,  hold,  occupy,  and  own  the 
said  lands  when  thus  acquired,  and  exercise  jurisdiction  and  control  over  the 
same  and  every  part  thereof,  subject  to  the  restrictions  hereinafter  mentioned. 

SEC.  2.  The  jurisdiction  hereby  ceded  shall  not  vest  until  the  United  States 
shall  have  acquired  the  title  to  such  land  or  lands  by  purchase  or  by  condemna- 
tion in  conformity  with  the  laws  of  this  State,  nor  until  plats  and  descriptions 
of  the  land  thus  acquired  shall  have  been  filed  in  the  office  of  the  secretary 
of  state  of  the  State  of  New  York.  Such  jurisdiction  shall  continue  no  longer 
than  the  United  States  shall  own  such  land  or  lands,  and  such  consent  is  given 
and  jurisdiction  ceded  upon  the  express  condition  that  the  State  of  New  York 
shall  retain  concurrent  jurisdiction  with  the  United  States  in  and  over  such 
land  or  lands  so  far  as  that  all  civil  processes  in  all  cases,  and  such  criminal 
or  other  process  as  may  issue  under  the  laws  or  authority  of  the  State  of  New 
York  againt  any  person  or  persons  charged  with  crimes,  misdemeanors,  or  crim- 
inal offenses  committed  within  the  State,  may  be  executed  thereon,  in  the  same 
way  and  manner  as  if  such  consent  ha'd  not  been  given  or  jurisdiction  ceded, 
except  so  far  as  such  process  may  affect  the  real  or  personal  property  of  the 
United  States. 

SEC.  3.  So  long  as  such  land  or  lands  thus  acquired  shall  remain  the  property 
of  the  United  States,  and  no  longer,  the  same  shall  be  and  continue  exonerated 
from  all  taxes,  assessments,  and  other  charges  which  may  be  levied  or  imposed 
under  the  authority  of  the  State.  If  the  United  States  can  not  acquire  title  to 
nny  such  land  or  lands,  or  any  part  thereof,  by  purchase,  they  may  acquire  such 
title  by  condemnation  by  legal  proceedings  duly  instituted  for  the  purchase 
either  in  the  State  or  the  federal  courts.  (Laws  of  N.  Y.,  1893,  vol.  1,  p.  384.) 

See  also  "  General  act  of  cession." 

FORT  PORTER. 

This  reservation  is  situated  on  the  Niagara  River,  within  the  limits 
of  the  city  of  Buffalo,  in  Erie  County,  and  contains  an  area  of  about 
34  acres. 

Title  and  jurisdiction. — 1.  Deed  from  Matthias  Bruen,  dated 
August  3,  1842,  conveying  the  north  third  part  of  block  167,  in  the 
village  of  Black  Rock.  Recorded  in  liber  68,  page  67,  etc.,  of  the  deed 
records  of  Erie  County. 


276  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

2.  Deed  from  Samuel  K.  Kip,  master  in  chancery,  dated  May  21, 
1842,  conveying  the  southerly  and  middle  third  parts  of  block  167, 
in  the  village  of  Black  Rock.     Recorded  in  liber.  61,  page  379,  of 
same  records. 

3.  Deed  of  release  from  Emily  B.  McKay,  dated  August  1,  1842, 
conveying  right  of  dower,  etc.,  in  block  167,  above  conveyed.     Re- 
corded in  liber  68,  page  58,  of  same  records. 

4.  Quit  claim  deed  from  Ebenezer  Walden  and  wife,  dated  August 
1,  1842,  conveying  all  interest  in  above  block  167,  etc.    Recorded  in 
liber  68,  page  38,  of  same  records. 

5.  Deed  from  Christian  Miller  and  wife,  et  al.,  dated  April  15, 1842, 
conveying  block  No.  168,  in  the  village  of  Black  Rock.    Recorded  in 
liber  68,  page  38,  of  same  records. 

6.  Decree  of  condemnation  for  block  186,  in  the  village  of  Black 
Rock,  in  the  case  of  the  United  States  v.  Peter  B.  Porter  et  al.,  in  a 
court  of  chancery  held  for  the  State  of  New  York,  at  Saratoga, 
August  5,  1842.    Rendered  on  said  date  and  filed  with  the  record  in 
the  register's  office  of  said  court,  and  recorded  January  4,  1843. 

Title  to  a  portion  of  this  reservation  and  jurisdiction  over  all  were 
ceded  to  the  United  States  by  acts  of  the  State  legislature  passed 
April  21,  1840;  February  28,  1842;  April  12,  1842;  and  February  9, 
1844,  as  follows : 

(For  act  of  Apr.  21,  1840,  see  Fort  Montgomery.) 

SECTION  1.  The  commissioners  of  the  land  office  are  hereby  authorized  to  cede 
to  the  United  States  of  America  the  title  of  this  state  to  the  point  of  land  belong- 
ing to  this  state,  situate  in  the  south  village  of  Black  Rock,  lying  north  of  block 
one  hundred  and  thirty-three  (133)  and  between  the  Erie  canal  and  Black  Hock 
harbor,  provided  the  same  may  be  required  by  the  United  States  for  military 
purposes;  reserving  a  free  and  uninterrupted  use  and  control  in  the  canal  com- 
missioners of  all  that  may  be  necessary  for  canal  and  harbor  purposes. 

SEC.  2.  The  jurisdiction  over  such  lands  as  may  be  conveyed  by  virtue  of  the 
first  section  of  this  act,  and  such  other  lands  as  shall  be  purchased  by  the  United 
States  for  the  purpose  of  erecting  a  fort,  battery  or  other  military  works  thereon, 
adjacent  to,  or  in  the  vicinity  of  the  lands  owned  by  the  United  States,  and  occu- 
pied by  the  light-house  in  the  city  of  Buffalo,  shall  be  ceded  to  and  vested  in  the 
United  States;  subject  to  such  conditions  and  restrictions  as  are  imposed,  by 
the  act  hereby  amended.  (Passed  Feb.  28,  1842.  Rev.  Stats,  of  N.  Y.,  8th  ed., 
vol.  1,  p.  172.) 

SECTION  1.  The  consent  of  the  legislature  of  this  state  is  hereby  given  to  the 
United  States  taking  for  the  site  of  barracks  and  defensive  works  at  or  near 
Buffalo,  so  much  of  blocks  numbers  167,  168,  and  186  in  the  south  village  of 
Black  Rock  as  shall  be  deemed  necessary  for  the  purpose,  upon  just  and  full 
compensation  being  provided  for  the  owners  thereof  in  the  manner  prescribed 
in  the  fourth  article  and  second  title  of  the  ninth  chapter  and  third  part  of  the 
Revised  Statutes;  but  the  consent  so  given  shall  not  impede  the  execution  of 
any  process,  civil  or  criminal  issued  under  the  authority  of  this  state,  except  so 
far  as  such  process  may  affect  the  real  or  personal  property  of  the  United  States 
within  the  said  territory.  (Passed  Apr.  12,  1842.  Rev.  Stats,  of  N.  Y.,  8th  ed., 
vol.  1,  p.  173.) 

SECTION  1.  The  commissioners  of  the  land  office  are  hereby  authorized  to 
cede  and  convey  to  the  United  States  of  America  the  title  of  this  state  to  certain 
lands  belonging  to  this  state,  in  the  south  village  of  Black  Rock,  in  the  county 
of  Erie,  which  are  bounded  and  described  as  follows :  Beginning  at  the  northeast 
corner  of  Connecticut  street  and  the  Buffalo  and  Black  Rock  railroad,  thence 
first  in  a  northwesterly  and  next  in  a  northerly  direction  along  the  easterly  side 
of  said  railroad,  to  a  short  street  leading  from  said  railroad  to  Massachusetts 
street ;  thence  along  the  south  side  of  said  short  street  to  Broadway ;  thence 
along  the  west  side  of  Broadway  to  Fifth  street ;  thence  along  the  southwest  side 
of  Fifth  street  to  Rhode  Island  street ;  thence  along  the  southeast  side  of  Rhode 
Island  street  to  Broadway ;  thence  along  the  west  side  of  Broadway  to  Fourth 


NEW  YORK.  277 

street ;  thence  along  the  southwest  side  of  Fourth  street  to  Connecticut  street ; 
thence  along  the  northwest  side  of  Connecticut  street  to  the  place  of  beginning ; 
or  so  much  thereof  as  may  be  required  by  the  United  States  of  America,  and 
necessary  for  the  purpose  of  erecting  and  establishing  a  fort,  battery,  barracks, 
parade  ground,  or  military  post ;  provided,  always,  that  this  state  shall  have  the 
right  to  quarry,  carry  off,  and  use,  for  public  purposes,  the  stone  on  the  south- 
west side  of  the  reserve,  called  the  "  Military  square,"  and  of  the  reserve  imme- 
diately north  thereof,  until  the  bank  shall  have  been  penetrated  by  such  -quarry- 
ing to  within  fifty  feet  of  the  southwest  side  of  Fourth  street ;  the  United  States 
of  America  being  allowed  to  quarry,  carry  off  and  use  so  much  stone  in  said 
quarry  as  may  be  deemed  necessary  for  the  construction  of  the  contemplated 
defences,  together  with  all  the  buildings  and  other  erections  that  may  be  con- 
nected therewith. 

SEC.  2.  The  jurisdiction  over  such  land,  the  title  of  which  shall  be  acquired 
by  the  United  States  pursuant  to  the  first  section  of  this  act,  or  has  been  ac- 
quired under  any  law  authorizing  proceedings  in  the  nature  of  a  writ  ad  quod 
damnum,  or  by  purchase  from  individuals  of  lands  lying  in  the  city  of  Buffalo 
and  in  the  village  of  Black  Rock,  and  over  all  those  streets,  lanes  and  alleys, 
lying  between  blocks  number  one  hundred  eighty-six,  one  hundred  sixty-seven, 
and  one  hundred  sixty-eight,  in  said  village,  and  between  one  and  all  of  said 
blocks  and  the  premises  described  in  the  first  section  of  this  act,  which  are  or 
may  hereafter  be  closed,  or  discontinued  by  law,  for  the  purpose  of  establish- 
ing a  fort,  battery,  barracks,  parade-ground  or  military  post,  at  or  near  Buffalo, 
shall  be  ceded  to  and  vest  in  the  United  States  of  America.  But  such  jurisdic- 
tion shall  not  impede  the  execution  of  any  civil  or  criminal  process  issued  under 
the  authority  of  this  state,  except  so  far  as  such  process  may  affect  the  real  or 
personal  property  of  the  United  States  within  the  ceded  territory. 

SEC.  3.  The  property,  over  which  jurisdiction  is  granted  by  the  first  section 
of  this  act,  shall  be  exonerated  and  discharged  from  all  taxes  and  assessments 
which  may  be  levied  or  imposed  under  the  authority  of  this  state,  while  the 
said  land  shall  remain  the  property  of  the  United  States,  and  shall  be  used  for 
the  purpose  intended  by  this  act,  and  not  otherwise. 

SEC.  4.  Whenever  the  United  States  shall  cease  to  occupy  the  said  land  or  any 
part  thereof,  for  the  purpose  mentioned  in  the  first  section  of  this  act,  then  said 
lands  shall  revert  to  the  people  of  this  state.  (Passed  Feb.  9,  1844.  Rev.  Stats, 
of  N.  Y.,  8th  ed.,  vol.  1,  p.  173.) 

In  accordance  with  the  act  of  April  21,  1840,  as  amended  by  the 
act  of  February  28,  1842,  and  also  the  act  of  February  9,  1844,"cited 
above,  the  governor  of  the  State  of  New  York,  by  letters  patent, 
ceded  title  to  a  portion  of  the  foregoing  lands,  and  jurisdiction  over 
all  of  them.  Patent  dated  October  17,  1853,  and  recorded  in  the 
secretary's  office  of  the  State  of  New  York  October  17, 1853,  in  Book 
of  Patents  No.  34,  page  322. 

Resolution  of  board  of  trustees  of  the  village  of  Black  Rock,  in 
Erie  County,  to  the  United  States,  dated  November  22,  1842,  setting 
apart  certain  streets  for  the  use  of  the  military  post.  Resolution 
recorded  in  the  clerk's  office  of  said  village. 

The  pioneer  act,  providing  for  the  acquisition  of  lands  at  Black 
Rock  by  the  United  States  for  the  establishment  of  a  military  post, 
was  passed  by  the  State  legislature  March  19,  1802,  and  is  in  part 
as  follows : 

Whereas  it  is  necessary  that  a  treaty  be  held  with  the  Seneca  Nation  of  Indians 
to  extinguish  their  claim  to  lands  east  of  Lake  Erie,  to  enable  this  state  to  cede 
their  jurisdiction  or  sell  to  the  United  States  a  sufficient  quantity  of  the  said 
land  at  the  eastern  extremity  of  Lake  Erie,  at  a  place  called  Black  Rock,  as  may 
be  sufficient  for  the  establishment  of  a  military  post :  Therefore 

1.  Be  it  enacted,  etc.,  That  it  shall  and  may  be  lawful  for  the  person  admin- 
istering the  government  of  this  state,  or  his  agent  or  agents,  to  hold  a  treaty 
(on  the  part  of  the  people  of  this  state)  with  the  Seneca  nation  of  Indians,  to 
extinguish  their  claim  to  the  whole  or  such  part  of  their  lands  at  the  east  end  of 
Lake  Erie,  of  one  mile  wide,  on  Niagara  River,  from  Buffaloes-Creek  to  Sted- 
man's  farm,  including  Black  Rock,  with  so  much  land  adjoining  as  shall  be 


278 

sufficient  for  establishing  a  military  post,  on  such  payments  and  annuities  as  he 
or  they  shall  judge  most  conducive  to  the  interests  of  this  state. 

2.  That  it  shall  and  may  be  lawful  for  the  person  administering  the  gov- 
ernment of  this  state,  for  and  on  behalf  of  this  state,  to  convey  to  the  United 
States,  after  the  relinquishment  of  the  claim  of  the  said  Indians  as  aforesaid, 
in  fee  simple,  such  part  of  the  said  land,  at  the  eastern  extremity  of  Lake  Erie 
at  a  place  called  Black  Rock,  as  may  be  sufficient  for  the  establishment  of  a 
military  post,  the  United  States  paying  therefor,  the  expense  of  holding  the  said 
treaty,  or  such  part  thereof  as  the  person  administering  the  government  of  this 
State  shall  judge  reasonable:  Provided  always,  That  nothing  in  the  foregoing 
grant  to  the  United  States  shall  be  construed  so  as  to  prejudice  the  right  of 
portage  of  the  people  of  this  State  along  the  said  river  through  the  tract  of 
land  which  may  be  so  conveyed,  and  the  privilege  of  a  road  along  the  shore  of 
Lake  Erie,  and  of  a  ferry  across  the  Niagara  River  at  Black  Rock:  And  pro- 
vided further,  That  such  conveyance  shall  in  no  wise  prevent  the  execution  of 
any  process,  civil  or  criminal,  issuing  under  the  authority  of  this  State  within 
the  bounds  of  the  land  so  as  to  be  conveyed,  and  such  conveyance  shall  expressly 
contains  such  condition. 

See  also  "  General  act  of  cession  "  and  Appendix,  page  524. 

Easements. — Act  of  Congress  approved  August  4,  1852  (10  Stat., 
28),  granted  right  of  way  to  all  rail  and  plank-road  or  macadamized 
turnpike  companies  through  public  lands  of  the  United  States  under 
certain  conditions.  Location  of  a  right  of  way  by  the  Lockport  and 
Buffalo  Railroad  Co.  (now  the  New  York  Central)  approved  by  the 
President  December  21,  1852. 

The  Erie  Canal  crosses  the  reservation  and  a  canal  repair  yard  is 
located  within  the  limits  thereof,  under  authority  of  section  1  of  the 
act  of  the  State  legislature,  passed  February  28,  1842  (ante). 

Act  of  June  28,  1906  (34  Stat.,  532),  authorizes  the  city  of  Buffalo 
to  construct  and  maintain  a  tunnel  under  this  reservation,  etc. 

Revocable  licenses. — Joint  resolution  of  Congress  approved  July 
11, 1870  (16  Stat.,  386) ,  to  the  city  of  Buffalo  to  improve  and  beautify 
the  grounds  of  Fort  Porter. 

January  5,  1881,  to  the  State  of  New  York  to  use  certain  defined 
parcels  of  land  on  the  reservation  for  canal  purposes. 

June  8,  1883,  to  the  city  of  Buffalo  to  build  a  sewer  through  the 
reservation. 

April  10,  1884,  to  the  park  commissioners  of  the  city  of  Buffalo  to 
construct  a  roadway  through  the  reservation. 

October  16,  1885,  to  the  Treasury  Department  to  use  a  portion  of 
the  reservation  for  lighthouse  purposes. 

January  22,  1897,  to  the  superintendent  of  public  works  of  the 
State  of  New  York  to  deposit  upon  the  reservation  the  rock,  dirt,  and 
other  material  to  be  taken  from  the  Erie  Canal. 

January  26, 1898,  to  the  Western  Union  Telegraph  Co.  to  construct 
telegraph  line  upon  the  reservation. 

September  14,  1900,  to  J.  M.  Roesch  to  move  his  boathouse  on  the 
reservation  to  a  new  location  beyond  the  water's  edge. 

December  12, 1904,  to  the  city  of  Buffalo  to  erect  and  maintain  coal 
and  ash  conveyor  building  in  connection  with  its  water-supply  system 
upon  the  reservation. 

SAG  HARBOR. 

This  reservation  is  situated  at  Sag  Harbor,  on  Long  Island,  in  the 
county  of  Suffolk,  and  contains  an  area  of  about  3,100  square  feet. 


NEW  YORK.  279 

Title.— I.  Deed  from  Thomas  S.  Lester,  dated  May  16,  1810,  con- 
veying about  3,000  square  feet  of  land.  Recorded  in  liber  D,  page  182, 
of  the  deed  records  of  Suffolk  County. 

2.  Deed  from  Henry  P.  Dering  and  wife,  dated  November  11,  1811, 
conveying  100  square  feet  of  land,  site  of  powder  house,  and  right  of 
way  thereto. 

Jurisdiction. — See  "  General  act  of  cession." 

FORT   SCIIUYLER. 

This  reservation  is  situated  in  Westchester  County  upon  Throgs 
Neck,  on  the  East  River  opposite  Fort  Totten,  3^  miles  from  West- 
Chester.  It  contains  an  area  of  52  acres  and  a  right  of  way  from  the 
reservation  to  road  leading  from  Westchester  to  White  Stone  Ferry. 

Title  and  jurisdiction. — 1.  Deed  from  William  Bayard  et  al.,  dated 
July  26,  1826,  conveying  52  acres  of  land.  Recorded  in  book  No.  28, 
page  225.  etc.,  of  the  deed  records  of  Westchester  County. 

2.  Deed  from  Charles  H.  Hammond  and  Thomas  Bolton,  master  in 
chancery,  dated  August  25,  1828,  conveying  said  land.    Recorded  in 
liber  33  of  deeds,  page  296,  etc.,  of  same  records. 

3.  Deed  of  release  from  H.  LeRoy  et  al.,  guardians,  etc.,  dated 
November  14, 1826,  conveying  said  tract.    Recorded  in  book  28,  page 
221,  etc.,  of  same  records. 

4.  Deed  from  H.  LeRoy  et  al.,  dated  April  10,  1937,  conveying 
right  of  way  from  Westchester  to  White  Stone  Ferry.    Recorded  in 
liber  72,  page  466,  etc.,  of  same  records. 

5.  Deed  from  George  Edwards  and  wife  et  al.,  dated  April  8,  1837, 
conveying  right  of  way  from  Westchester  to  White  Stone  Ferry. 
Recorded  in  liber  72,  page  461,  etc.,  of  same  records. 

6.  Deed  from  Thomas  H.  Newbold,  dated  April  10, 1837,  conveying 
right  of  way  from  Westchester  to  White  Stone  Ferry.     Recorded 
in  liber  72,  page  467,  etc.,  of  same  records. 

Provision  was  made  for  ceding  jurisdiction  to  the  United  States 
by  an  act  of  the  State  legislature,  passed  March  31,  1815,  for  which 
see  Fort  Montgomery. 

Title  to  and  jurisdiction  over  water-covered  land  was  ceded  by  an 
act  of  the  State  legislature,  passed  May  7,  1880,  for  which  see  Fort 
Wood. 

By  patent  from  the  governor  of  the  State  of  New  York,  dated  May 
26,  1880,  the  title  to  and  jurisdiction  over  the  premises  described  in 
the  act  of  May  7,  1880,  were  granted  and  conveyed  to  the  United 
States  subject  to  the  terms  of  said  act  and  the  limitations  contained 
therein.  Patent  recorded  May  26,  1880,  in  Book  of  Patents  No.  44, 
page  604,  etc.,  of  the  records  of  patents  in  the  office  of  the  secretary 
of  state  for  the  State  of  New  York. 

See  also  "  General  act  of  cession." 

FORT  SLOCUM. 

This  reservation  is  situated  on  Davids  Island  at  the  southwestern 
extremity  of  Long  Island  Sound,  2  miles  from  New  Rochelle,  West- 
Chester  County.  It  includes  all  of  Davids  Island,  containing  an  area 
of  about  86.50  acres;  and  was  purchased  under  authority  of  an  act  of 
Congress  approved  February  18,  1867  (14  Stat.,  566). 


280  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

Title  and  Jurisdiction. — Deed  from  Simeon  Leland  and  wife, 
dated  May  11,  1867,  conveying  "Davids  Island,"  in  New  Rochelle, 
County  of  Westchester,  reserving  right  of  ferriage.  Recorded  in 
book  — ,  page  — ,  of  the  deed  records  of  Westchester  County.  Juris- 
diction was  ceded  to  the  United  States  by  an  act  of  the  State  legis- 
lature approved  April  20,  1868,  which  provides  as  follows : 

SECTION  1.  Jurisdiction  is  hereby  ceded  to  the  United  States  over  certain 
land  situate  in  the  harbor  of  New  Rochelle,  and  known  as  David's  Island,  the 
same  to  be  purchased  and  used  by  the  United  States  for  military  purposes: 
provided,  however,  and  this  act  is  upon  the  express  condition,  that  all  civil  and 
criminal  processes  issued  under  the  authority  of  this  State,  or  of  any  officer 
thereof,  may  be  executed  on  said  David's  island,  and  in  the  buildings  that  are  or 
may  be  erected  thereon,  in  the  same  manner  as  if  jurisdiction  had  not  been 
ceded  as  aforesaid. 

SEC.  2.  The  said  David's  island,  with  the  appurtenances,  buildings,  and  other 
property  that  may  be  thereon,  shall,  as  soon  as  it  is  acquired  by  the  United 
States,  and  forever  thereafter,  as  long  as  it  remains  the  property  of  the  United 
States,  be  exempt  from  all  state,  county,  and  municipal  taxation  and  as; 
ments,  and  provided  also,  that  said  island  shall  not  be  ust-.l  for  gem-nil  hospital 
purposes.  (Passed  Apr.  20,  1868.  Rev.  Stats,  of  N.  Y.,  8th  ed.,  vol.  1,  p.  201.) 

Title  and  jurisdiction  as  to  water-covered  lands  were  ceded  by  an 
act  of  the  State  legislature  approved  May  7,  1880,  for  which  see 
Fort  Wood,  and  thereafter,  by  patent  from  the  governor  of  the  State 
of  New  York,  dated  May  26,  1880,  the  title  to  and  jurisdiction  over 
the  premises  described  in  the  act  of  May  7,  1880,  were  granted  and 
conveyed  to  the  United  States  subject  to  the  terms  <>f  the  said  act  and 
the  limitations  contained  therein.  Patent  recorded  May  26,  1880,  in 
Book  of  Patents  No.  44,  page  604,  etc.,  of  the  records  of  patents  in 
the  office  of  the  secretary  of  state  for  the  State  of  New  York. 

See  also  "  General  act  of  cession." 

FORT  TERRY. 

This  reservation  is  situated  on  Plum  Island,  in  Suffolk  County, 
and  is  surrounded  by  the  waters  of  Long  Island  Sound  and  Block 
Island  Sound.  It  contains  an  area  of  840  acres  and  includes  the 
whole  of  the  island,  except  about  3  acres  at  the  western  end,  which 
tract  is  reserved  for  lighthouse  purposes. 

Title. — 1.  Deed  from  Abram  S.  Hewitt  and  wife,  dated  February 
24,  1897,  conveying,  according  to  survey,  193  acres  of  land.  Re- 
corded in  liber  456,  page  81,  of  the  deed  records  of  Suffolk  County. 

2.  Deed  from  Abram  S.  Hewitt  and  wife,  dated  June  24, 1901,  con- 
veying 647  acres.  Recorded  in  liber  508,  page  52,  of  same  records. 

Revocable  license. — March  9,  1906,  to  E.  F.  Morgan  Co.  for 
laundry. 

Jurisdiction. — Ceded,  under  general  act  of  cession,  over  premises 
conveyed  in  1897  by  governor's  deed  of  September  14,  1807. 

FORT  TOMPKINS. 

Included  under  Fort  Wadsworth. 

FORT  TOTTEN. 

This  reservation,  formerly  called  Willets  Point,  is  situated  on  the 
East  River,  in  Queens  County,  opposite  Fort  Schuyler,  2i  miles  from 


NEW  YORK.  281 

Whitestone.  It  contains  an  area  of  136.35  acres  of  land,  with  metes 
and  bounds  as  given  in  G.  O.  112,  W.  D.,  June  8,  1909. 

Title. — 1.  Deed  from  George  Irving  and  wife,  dated  May  16,  1857, 
conveying  110  acres  of  land.  Recorded  in  liber  156,  page  422,  etc.,  of 
the  records  of  deeds  in  Queens  County  clerk's  office. 

2.  Deed  from  Henry  Day  and  wife,  dated  April  14,  1863,  convey- 
ing 26.35  acres,  riparian  rights,  and  right  of  way.  Recorded  in  liber 
204,  page  208,  etc.,  of  same  records. 

Revocable  license. — September  22,  1909,  to  A.  M.  Applegate  to  in- 
stall, operate,  and  maintain  steam  laundry  in  building  No.  59. 

Jurisdiction. — Ceded  to  the  United  States  by  acts  of  the  State 
legislature  passed  April  15,  1857,  and  April  17,  1875. 

For  act  of  April  15,  1857,  see  Fort  Wadsworth.  The  act  of  April 
17,  1875,  provides  as  follows: 

SECTION  1.  The  first  section  of  the  act  entitled  "An  act  giving  the  consent  of 
the  state  of  New  York,  to  the  purchase  by  the  United  States  of  certain  property 
in  the  counties  of  Queens  and  Richmond,  and  to  cede  to  the  United  States  juris- 
diction thereof,"  passed  April  fifteenth,  eighteen  hundred  and  fifty-seven,  is 
hereby  amended  to  read  as  follows : 

"  SECTION  1.  The  consent  of  the  state  of  New  York  is  hereby  given,  to  the 
purchase  by  the  United  States,  of  all  and  each  and  every  tract  of  laud  on  the 
island  of  Long  Island,  in  the  county  of  Queens,  in  a  direction  opposite  Fort 
Schuyler,  East  river,  that  may  be  acquired  by  the  United  States  and  that  shall 
be  necessary  (under  the  appropriation  by  congress  of  March  third,  eighteen 
hundred  and  fifty-seven,  for  the  commencement  of  a  fort  opposite  Fort  Schuyler, 
New  York)  for  the  purpose  of  building  and  maintaining  thereon  forts,  maga- 
zines, dockyards,  wharves,  and  other  necessary  structures,  with  their  appen- 
dages, and  (concurrent  jurisdiction  is  hereby  ceded  to  the  United  States)  over 
all  the  contiguous  shores,  flats  and  waters  within  four  hundred  feet  from  low- 
water  mark  (measured  toward  the  channel),  and  over  the  land  lying  between 
high  and  low-water  marks,  and  in  case  the  owners  of  the  said  land  shall  not 
consent  to  sell  the  same  on  such  terms  as  the  United  States  may  deem  equitable, 
the  consent  of  the  legislature  is  hereby  given  to  the  United  States  taking  the 
same  for  the  purpose  aforesaid,  upon  just  and  full  compensation  being  pro- 
vided for  the  owners  thereof  in  the  manner  prescribed  in  the  fourth  article 
and  second  title  of  the  ninth  chapter  and  third  part  of  the  Revised  Statutes; 
and  all  right,  title  and  claim  which  this  state  may  have  to  or  in  the  premises 
aforesaid  is  hereby  granted  to  the  United  States,  subject  to  the  restrictions 
hereinafter  mentioned." 

See  also  "  General  act  of  cession." 

FORT  TYLER. 

This  reservation  is  situated  on  Gardiners  Point  (Gardiners  Is- 
land), near  Sag  Harbor,  Long  Island  Sound,  and  comprises  an  area 
of  about  14  acres.  It  was  originally  acquired  for  lighthouse  pur- 
poses, and,  having  been  abandoned  as  a  lighthouse  reservation,  was, 
on  April  5,  1898,  transferred  to  the  War  Department  for  purpose  of 
erecting  a  battery  thereon. 

Title. — Deed  from  John  G.  Gardiner  and  wife,  dated  August  7, 
1851.  Recorded  in  Suffolk  County  clerk's  office,  in  liber  60  of  deeds, 
page  270. 

Jurisdiction. — Ceded  to  the  United  States  by  an  act  of  the  State 
legislature  passed  February  27,  1852,  providing  as  follows: 

SECTION  1.  The  jurisdiction  of  the  State  of  New  York  is  hereby  ceded  to  the 
United  States  of  America  for  the  purpose  of  erecting  and  maintaining  thereon  a 
light-house  and  other  necessary  buildings  over  all  that  certain  tract  or  parcel 
of  land  being  part  of  Gardiners  Island  in  the  town  of  East  Hampton  in  the 
County  of  Suffolk  and  more  particularly  described  as  follows  to  wit:  All  that 


282  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

part  of  the  North  point  of  Gardiners  Island  aforesaid  lying  northwest  of  a  line 
described  and  running  as  follows  to  wit:  Starting  from  a  Stake  on  a  Sand 
ridge  and  running  thence  north  fifty  six  degrees  east,  and  south  fifty  six  degrees 
west,  to  the  waters  on  each  side  of  the  said  point  or  beach  respectively  and 
bounded  northerly,  easterly  and  westerly  by  the  waters  of  Gardiners  Bay  and 
southeasterly  by  the  beach  at  the  aforesaid  line,  containing  about  fourteen 
acres  more  or  less. 

SEC.  2.  The  jurisdiction  so  ceded  to  the  United  States  is  granted  upon  the 
express  condition  that  the  State  of  New  York  shall  retain  a  concurrent  juris- 
diction with  the  United  States  in  and  over  the  tract  of  land  aforesaid  so  far 
as  that  civil  process  in  all  cases  and  such  criminal  process  as  may  issue  under 
the  authority  of  the  State  of  New  York  against  any  person  or  persons  charged 
with  crimes  committed  without  the  said  tract  of  land  may  be  executed  therein 
in  the  same  way  or  manner  as  if  this  jurisdiction  had  not  been  ceded;  the 
United  States  are  to  retain  such  jurisdiction  as  long  as  the  said  tract  of  land 
shall  be  used  for  the  purposes  expressed  in  the  first  section  and  no  longer. 

See  also  "  General  act  of  cession." 

FORT  WADSWORTH. 

This  reservation  is  situated  on  Staten  Island,  in  Richmond  County. 
It  contains  an  area  of  about  226  acres,  exclusive  of  submerged  lands, 
with  metes  and  bounds  as  given  in  G.  O.  76,  W.  D.,  May  11,  1908. 

Title. — 1.  Letters  patent  from  the  State  of  New  York  to  the 
United  States,  dated  February  15,  1847,  conveying  47.50  acres  of 
land,  together  with  the  water  front  and  lands  under  water;  also 
ceding  jurisdiction  over  the  lands  so  conveyed.  Patent  recorded  in 
liber  15,  page  266,  etc.,  of  the  deed  records  of  Richmond  County. 

2.  Deed  from  Peter  Jacobson  and  wife,  dated  July  8, 1854,  convey- 
ing 5.2  acres  of  land.  Recorded  in  liber  34,  page  628,  etc.,  of  same 
records. 

&  Deed  from  William  H.  Aspinwall  and  wife,  dated  May  28,  1856, 
conveying  a  tract  of  land  by  metes  and  bounds.  Recorded  in  liber 
40,  page  404,  etc.,  of  same  records. 

By  deed  of  the  governor,  dated  May  26,  1880,  under  act  of  May  7, 
1880,  title  and  jurisdiction  over  land  below  high- water  line  were 
granted  and  ceded  to  the  United  States.  At  this  time  the  area  above 
high-water  line  was  about  90  acres. 

4.  Decree  of  condemnation  for  7.58  acres  of  land  in  the  case  of  the 
United  States  v.  J.  J.  Alexandre  and  wife  in  the  United  States  dis- 
trict court  for  the  eastern  district  of  New  York.     Rendered  Novem- 
ber 25, 1892,  and  filed  with  the  record  in  the  office  of  the  clerk  of  said 
district  court. 

5.  Deed  from  J.  J.  Alexandre  and  wife,  dated  January  5,  1893, 
conveying  same  premises.     Recorded  in  liber  223,  page  438,  of  the 
deed  records  of  Richmond  County. 

6.  Decree  of  condemnation  for  18.797  acres  of  land  in  the  case  of 
the  United  States  v.  J.  H.  Alexandre  and  wife  in  the  United  States 
district  court  for  the  eastern  district  of  New  York.     Rendered  No- 
vember 25,  1892,  and  filed  with  the  record  in  the  office  of  the  clerk 
of  said  district  court. 

7.  Deed  from  J.  H.  Alexandre  and  wife,  dated  January  5,  1893, 
conveying  same  premises.     Recorded  in  liber  223,  page  435,  of  the 
deed  records  of  Richmond  County. 

8.  Decree  of  condemnation  for  9  acres  of  land  in  the  case  of  the 
United  States  v.  Ellen  Lee  Mayo  in  the  United  States  district  court 
and  filed  with  the  record  in  the  office  of  the  clerk  of  said  district 
court. 


NEW   YORK.  283 

9.  Deed  from  Ellen  Lee  Mayo,  dated  January  5,  1893,  conveying 
same  premises.     Recorded  in  liber  225,  page  381,  of  the  deed  records 
•of  Richmond  County. 

10.  Decree  of  condemnation  for  50  acres  of  land,  exclusive  of  cer- 
tain streets,  in  case  of  the  United  States  v.  Serena  P.  Appleton,  in 
the  United  States  district  court  for  the  eastern  district,  of  New 
York.    Decree  rendered  November  25,  1892,  and  filed  with  the  record 
in'  the  office  of  the  clerk  of  said  district  court. 

11.  Deed  from  Serena  P.  Appleton,  dated  January  5, 1893,  convey- 
ing 50  acres  of  land,  exclusive  of  certain  streets.     Recorded  in  liber 
223,  page  431,  of  the  deed  records  of  Richmond  County. 

12.  Deed  from  Josef  a  de  la  Serna  de  Hegewish  and  husband,  dated 
March  14,  1892,  conveying  certain  lands,  etc.,  by  metes  and  bounds. 
Recorded  in  liber  216,  page  534,  of  same  records. 

13.  Deed  from  Adolio  Hegewisch  and  wife,  dated  March  14,  1892, 
conveying  certain  lands,  etc.,  by  metes  and  bounds.     Recorded  in 
liber  216,  page  538,  of  same  records. 

14.  Deed  from  Sarah  Schuyler  Martin,  dated  February  1,  1895, 
conveying  6.25  acres  of  land.     Recorded  in  liber  240,  page  374,  of 
same  records. 

15.  Deed  from  Joseph  B.  Whitney  and  wife,  dated  March  11, 
1898,  conveying  certain  lands  by  metes  and  bounds.     Recorded  in 
liber  259,  page  574,  of  same  records. 

16.  Deed  from  Elizabeth  D.  Ockerhausen  et  al.,  dated  August  30, 
1898,  conveying  6.72  acres.     Recorded  in  liber  264,  page  402,  of  same 
records. 

17.  Deed  from  Joseph  B.  Whitney  and  wife  et  al.,  dated  October 
18,  1900,  conveying  7.725  acres.     Recorded  in  liber  282,  page  109,  of 
same  records. 

18.  Deed  from  Adeline  Haxtun,  dated  February  14,  1901,  convey- 
ing 5.09  acres.     Recorded  in  liber  285,  page  387,  of  same  records. 

19.  Deed  from  Henry  Mouquin  and  wife,  dated  October  2,  1901, 
conveying  3.90   acres.     Recorded   in  liber  288,   page   10,   of   same 
records. 

20.  Acts  of  the  State  legislature  of  March  12,  1903  (chap.  35,  laws 
of  1903),  and  April  19,  1905  (chap.  240,  laws  of  1905),  and  letters 
patent,  dated  March  27,  1909,  under  the  last-mentioned  act,  releasing 
claims  arising  from  tax  sales.     Letters  patent  recorded  in  Book  of 
Patents  No.  43,  at  page  579,  in  the  office  of  the  secretary  of  state. 

Revocable  licenses. — July  15, 1898,  to  police  department,  New  York 
City,  to  land  cable  (see  Fort  Hamilton). 

September  30,  1901,  to  the  Treasury  Department  to  occupy  for  a 
light-keeper's  dwelling  a  tract  of  land  100  by  125  feet  near  the  inter- 
section of  New  York  and  Richmond  Avenues.  (Location  changed  by 
letter  of  the  Secretary  of  War  to  the  Secretary  of  Commerce  and 
Labor,  Nov.  5,  1903;  accepted  by  the  latter  Feb.  15,  1904.) 

May  4,  1910,  to  the  New  York  &  Richmond  Gas  Co.  to  replace  its 
4-inch  gas  main  on  New  York  Avenue  with  an  8-inch  main. 

Jurisdiction. — Cession  of,  with  title  to,  the  first-described  purchase 
authorized  by  act  of  the  State  legislature,  passed  February  6,  1836, 
which  provides  as  follows : 

SECTION  1.  The  commissioners  of  the  land  office  are  hereby  authorized  to  sell 
to  the  United  States  of  America,  upon  such  terms  as  they  may  think  proper,  so 
much  of  the  land  upon  Staten  island  belonging  to  the  state  of  New  York,  here- 


284  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

tofore  used  for  military  purposes,  as  may  be  required  by  the  government  of 
the  United  States  to  construct  and  maintain  proper  defences  for  the  protection 
of  the  harbor  of  New  York. 

SEC.  2.  The  jurisdiction  over  such  land  as  may  be  sold  by  virtue  of  the  first 
section  of  this  act,  from  and  after  such  sale,  shall  be  ceded  to  the  United  States 
of  America,  for  the  purposes  for  which  such  land  shall  have  been  sold.  But  such 
jurisdiction  shall  not  be  construed  so  as  to  prevent  or  impede  the  execution  of 
any  process,  civil  or  criminal,  under  the  authority  of  this  state,  except  so  far 
as  such  process  may  affect  the  real  or  personal  property  of  the  United  States 
within  the  said  tract  of  land.  (Passed  Feb.  6,  1836.  Rev.  Stats,  of  N.  Y., 
8th  ed.,  vol.  1,  p.  170.) 

For  deed,  in  pursuance  of  said  act,  see  No.  1  herein  (Letters  patent 
from  the  State  of  New  York,  etc.,  Feb.  15,  1847). 

Jurisdiction  was  also  ceded  by  acts  of  the  State  legislature,  passed 
April  15,  1857;  April  18,  1861;  February  20,  1862;  for  water-covered 
lands  May  7,  1880;  for  additional  lands  May  6,  1893,  and  February 

14,  1896,  which  acts  provide  as  follows: 

SECTION  1.  The  consent  of  the  state  of  New  York  is  hereby  given  to  the 
purchase  by  the  United  States  of  all  and  each  and  every  tract  of  land  on  the 
island  of  Long  Island,  in  the  county  of  Queens,  in  a  direction  opposite  Port 
Schuyler,  East  river,  that  may  be  acquired  by  the  United  States,  and  that 
shall  be  necessary  (under  the  appropriation  by  congress  of  March  third,  eighteen 
hundred  and  fifty-seven,  for  the  commencement  of  a  fort  opposite  Fort 
Schuyler,  New  York)  for  the  purpose  of  building  and  maintaining  thereon  forts, 
magazines,  dock  yards,  wharves,  and  other  necessary  structures,  with  their 
appendages,  and  over  all  the  contiguous  shores,  flats  and  waters  within  four 
hundred  feet  from  low-water  mark,  and  in  case  the  owners  of  the  said  land 
shall  not  consent  to  sell  the  same  on  such  terms  as  the  United  States  may  deem 
equitable,  the  consent  of  the  legislature  is  hereby  given  to  the  United  States 
taking  the  same  for  the  purpose  aforesaid,  upon  just  and  full  compensation 
being  provided  for  the  owners  thereof  in  the  manner  prescribed  in  the  fourth 
article  and  second  title  of  the  ninth  chapter  and  third  part  of  the  Revised 
Statutes ;  and  all  right,  title,  and  claim  which  this  state  may  have  to  or  in  the 
premises  aforesaid  is  hereby  granted  to  the  United  States,  subject  to  the 
restrictions  hereinafter  mentioned. 

SEC.  2.  The  consent  of  the  state  of  New  York  is  also  hereby  given  to  the  pur- 
chase, by  the  United  States,  of  all,  each  and  every  portion  of  that  tract  of  land 
on  Staten  island,  in  the  county  of  Richmond,  New  York,  now  owned  by 
William  H.  Aspinwall,  who  is  to  convey  the  same  to  the  United  States;  said 
land  lying  mainly  between  the  land  of  the  United  States  and  New  York 
avenue,  for  the  purpose  of  building  and  maintaining  thereon  forts,  magazines, 
arsenals,  and  other  necessary  structures,  with  their  appendages. 

SEC.  3.  The  jurisdiction  of  the  state  of  New  York,  in  and  over  the  said 
property  referred  to  and  set  forth  in  the  first  and  second  sections  hereof, 
shall  be,  and  the  same  is  hereby,  ceded  to  the  United  States,  subject  to  the 
restrictions  hereinafter  mentioned. 

SEC.  4.  The  said  consent  is  given,  and  the  said  jurisdiction  ceded  upon  the 
express  condition  that  the  state  of  New  York  shall  retain  a  concurrent  juris- 
diction with  the  United  States  in  and  over  the  said  property,  so  far  as  that  all 
civil,  criminal  and  other  process,  which  may  issue  under  the  laws  or  authority 
of  the  state  of  New  York,  may  be  executed  thereon,  in  the  same  way  and 
manner  as  if  such  consent  had  not  been  given,  or  jurisdiction  ceded,  except  so 
far  as  such  process  may  affect  the  real  or  personal  property  of  the  United  States. 

SEC.  5.  The  jurisdiction  hereby  ceded  shall  not  vest  in  any  respect  to  any 
portion  of  said  property  until  the  United  States  shall  have  acquired!  the  title 
thereto,  by  purchase  or  otherwise. 

SEC.  6.  The  said  property,  when  acquired  by  the  United  States,  shall  be  and 
continue  forever  thereafter  exonerated  and  discharged  from  all  taxes,  assess- 
ments, and  other  charges,  which  may  be  levied  or  imposed  under  the  authority 
of  this  state ;  but  the  jurisdiction  hereby  ceded,  and  the  exemption  from  tax- 
ation hereby  granted,  shall  continue  in  respect  to  said  property,  and  to  each 
portion  thereof,  so  long, as  the  same  shall  remain  the  property  of  the  United 
States,  and  be  used  for  the  purposes  aforesaid,  and  no  longer.  (Passed  Apr. 

15,  1857.    Rev.  Stats,  of  New  York,  8th  ed.,  vol.  1,  p.  189.) 


NEW   YORK.  285 

For  act  of  the  State  legislature,  passed  April  18,  1861,  see  Fort 
Hamilton. 

SECTION  1.  The  last  paragraph  of  the  seventh  section  of  the  act  entitled 
*  *  *  (above  Act  of  April  18,  1861)  is  hereby  amended  so  as  to  read  as 
follows:  for  the  purpose  of  building  and  maintaining  thereon  batteries,  forts, 
magazines,  wharfs,  and  other  necessary  structures,  with  their  appendages, 
adjacent  to  Fort  Hamilton,  Kings  County,  Long  Island,  and  adjacent  to  Fort 
Xompkins,  in  the  town  of  Southfield,  county  of  Richmond,  Staten  Island. 
(Passed  Feb.  20,  1862.) 

See  also  Fort  Hamilton  for  act  of  February  20,  1862,  as  to  con- 
demnation proceedings. 

For  title  to  and  jurisdiction  over  water-covered  lands,  see  act  of 
the  State  legislature  passed  May  7,  1880,  as  set  out  under  caption  of 
"Fort  Wood." 

By  patent  from  the  governor  of  the  State  of  New  York,  dated  May 
26,  1880,  title  to  and  jurisdiction  over  the  premises  described  in  the 
.  ct  of  May  7,  1880,  were  granted  and  conveyed  to  the  United  States, 
subject  to  the  terms  of  the  said  act  and  the  limitations  contained 
therein.  Eecorded  May  26,  1880,  in  Book  of  Patents  No.  44,  page 
604,  etc.,  of  the  records  of  patents  in  the  office  of  the  secretary  of 
state  for  the  State  of  New  York. 

Jurisdiction  over  the  additional  lands  was  ceded  to  the  United 
States  by  acts  of  the  State  legislature,  passed  May  26,  1893,  and 
February  14,  1896,  which  acts  provide  as  follows : 

SECTION  1.  The  consent  of  the  State  of  New  York  is  hereby  given  to  the 
acquisition  by  the  United  States  of  the  following  described  tracts  or  parcels  of 
land  upon  the  payment  of  the  taxes  now  due  thereon,  namely :  All  those  certain 
tracts  or  parcels  of  land,  situated,  lying  and  being  in  the  village  of  Edgewater, 
in  the  town  of  Southfield,  in  the  County  of  Richmond,  and  State  of  New  York, 
adjacent  to  the  military  reservation  of  Fort  Wadsworth,  on  Staten  Island,  as 
follows,  to  wit :  One  certain  tract  of  land  containing  about  fourteen  acres,  and 
the  land  and  land  under  water  lying  in  front  thereof,  and  between  ordinary 
high-water  mark  of  New  York  bay  and  the  pier  and  bulkhead  line  established 
by  the  United  States,  and  four  certain  adjacent  tracts  of  land,  containing  in 
the  aggregate  about  eighty-two  acres,  and  about  four  and  eight  hundred  and 
fifty-five  one-thousandths  acres  of  land  and  land  under  water,  lying  in  front 
of  that  portion  thereof  that  borders  on  the  shore  of  New  York  bay,  and  between 
ordinary  high-water  mark  of  said  New  York  bay  and  the  pier  and  bulkhead 
line  established  by  the  United  States ;  and  it  is  hereby  provided  that  the  United 
States  may  erect  fortifications,  barracks,  and  other  public  buildings  thereupon 
for  the  defense  of  New  York  harbor;  and  the  United  States  shall  have,  hold 
and  occupy  said  lands  thus  acquired,  and  shall  exercise  jurisdiction  and  con- 
trol over  the  same  and  every  part  thereof,  subject  to  the  restrictions  hereinafter 
mentioned. 

SEC.  2.  The  jurisdiction  hereby  ceded  shall  vest  when  plats  and  descriptions 
of  the  said  lands  thus  acquired,  shall  have  been  filed  in  the  office  of  the  Secretary 
of  State  of  the  State  of  New  York;  such  jurisdiction  shall  continue  no  longer 
than  the  United  States  shall  own  such  lands,  and  such  consent  is  given  and 
jurisdiction  ceded  upon  the  express  condition  that  the  State  of  New  York  shall 
retain  concurrent  jurisdiction  with  the  United  States  in  and  over  such  lands,  so 
far  as  that  all  civil  and  criminal  process,  duly  issued  under  the  laws  of  said 
State,  for  acts  done  or  offenses  committed  within  said  State,  may  be  freely  and 
fully  executed  on  and  within  the  said  lands,  except  so  far  as  such  processes  may 
affect  the  real  or  personal  property  of  the  United  States. 

SEC.  3.  So  long  as  such  lands  thus  acquired  shall  remain  the  property  of  the 
United  States,  and  no  longer,  the  same  shall  be  and  continue  exonerated  from 
all  taxes,  assessments,  and  other  charges  which  may  be  levied  or  imposed  under 
the  authority  of  this  State.  (Passed  May  6,  1893.  Laws  of  N.  Y.,  1893,  vol.  2, 
p.  1423.) 


286  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

Jurisdiction  over  the  tracts  acquired  from  Elizabeth  D.  Oker- 
hausen,  Joseph  B.  Whitney,  Adeline  Haxtun,  and  Henry  Mouquin, 
respectively,  was  ceded  by  the  governor,  under  the  provisions  of  the 
general  act  of  cession,  under  dates  of  October  24,  1898,  December  19, 
1900,  May  9, 1901,  and  December  19,  1901. 

See  also  "  General  act  of  cession,"  and  act  entitled  "Act  to  release 
to  the  United  States  etc.,"  dated  March  12,  1903.  (Laws  of  N.  Y., 
1903,  vol.  1,  p.  151,  releasing  rights  of  State  under  tax  sales.) 

WATERVLIET    ARSENAL. 

This  reservation  is  situated  at  Watervliet,  in  Albany  County,  and 
contains  an  area  of  about  106  acres. 

Title. — 1.  Deed  from  James  Gibbons  and  wife,  dated  July  14, 1813, 
conveying  12  acres  3  roods  and  28  perches  of  land  with  reservations. 
Recorded  in  book  D  D,  page  23,  etc.,  of  the  deed  records  in  the  d  -  iik's 
office  of  the  city  and  county  of  Albany. 

2.  Deed  from  James  Dalliba,  agent,  dated  July  29, 1826.     Recorded 
in  book  F  F,  No.  2,  page  44,  etc.,  of  same  records.     This  deed  is  a 
release  of  trust,  and  cites  a  deed  taken  inadvertently  to  said  Dalliba, 
special  agent  for  the  people  of  the  United  States,  from  James  Gib- 
bons and  wife,  dated  May  17,  1823,  for  seven  lots  in  Gibbonsville, 
near  Watervliet. 

3.  Deed  from  Esther  Gibbons,  sole  executrix,  etc.,  dated  April  28, 
1828,  conveying  30  acres  of  land.    Recorded  in  book  F  F,  No.  2,  page 
139,  of  same  records. 

4.  Deed  from  Peter  S.  Henry,  master  in  chancery,  dated  June  17, 
1833,  conveying  44.99  acres  of  land.     Recorded  in  book  S  S,  page 
447,  etc.,  of  same  records. 

5.  Deed  from  Augustus  Viele  and  wife,  dated  March  18,  1859,  con- 
veying a  tract  therein  described.     Recorded  in  book  157,  page  336, 
etc.,  of  same  records. 

6.  Deed  from  Albert  G.  Sage  and  wife,  dated  April  7,  1859,  con- 
veying a  tract  therein  described.     Recorded  in  book  157,  page  116, 
etc.,  of  same  records. 

7.  Quitclaim  deed  from  John  B.  Chottar  and  wife,  dated  May  27, 
1859,  conveying  two  tracts  of  land  therein  described;  also  lot  No. 
69  in  West  Troy.     Recorded  in  book  156,  page  506,  etc.,  of  same 
records. 

8.  Deed  from  Joseph  Hackett  and  wife,  dated  May  7,  1861,  con- 
veying part  of  lot  No.  68.    Recorded  in  book  172,  page  15,  etc.,  of 
same  records. 

9.  Deed  from  Archibald  A.  Dunlap  and  wife,  dated  May  7,  1861, 
conveying  part  of  lot  No.  67.    Recorded  in  book  No.  173,  page  498, 
etc.,  of  same  records. 

10.  Deed  from  Stephen  S.  Wandell  and  wife,  dated  May  7,  1861, 
conveying  part  of  lot  No.  68.    Recorded  in  book  172,  page  18.  etc., 
of  same  records. 

11.  Quitclaim  deed  from  Esther  E.  Wandell  and  husband,  dated 
May  7,  1861,  conveying  lot  No.  68. 

12.  Quitclaim  deed  from  Archibald  A.  Dunlap  and  wife,  dated 
February  24, 1862,  conveying  north  half  of  lot  67. 


NEW  YORK.  287 

13.  Deed  from  Albert  G.  Sage  and  wife,  dated  September  7,  1866, 
conveying  a  tract  therein  described.    Recorded  in  book  208,  page  41, 
etc.,  of  same  records. 

14.  Deed  of  release  from  the  trustees  of  Union  College,  dated  Sep- 
tember 12,  1866,  conveying  interest  in  lot  66.    Recorded  in  book  210, 
page  337,  etc.,  of  same  records. 

15.  Deed  from  William  J.  Snyder  and  wife,  dated  December  20, 
1866,  conveying  lot  63.    Recorded  in  book  210,  page  342,  etc.,  of  same 
records. 

16.  Deed  from  Martha  Davis,  dated  December  22,  1866,  conveying 
lot  67  and  additional  strip  with  reservation  of  ground  rent.  '  Re- 
corded in  book  210,  page  333,  of  same  records. 

17.  Quitclaim  deed  from  Jane  Hunter  and  husband  et  al.,  dated 
December  24,  1866,  conveying  lot  65.     Recorded  in  book  210,  page 
347,  of  same  records. 

18.  Quitclaim  deed  from  Peter  Thalimer  and  wife,  dated  January 
1,  1867,  conveying  lot  64.    Recorded  in  book  210,  page  341,  etc.,  of 
same  records. 

19.  Quitclaim  deed  from  Laura  O.  Deming  and  husband,  dated 
January  16,  1867,  conveying  lot  66.    Recorded  in  book  210,  page  334, 
etc.,  of  same  records. 

20.  Deed  of  release  from  Union  College,  dated  February  1,  1867, 
conveying  all  interest  in  lot  64.     Recorded  in  book  210,  page  339, 
etc.,  of  same  records. 

21.  Quitrent  deed  from  Archibald  A.  Dunlap  and  wife,  dated 
August  24,  1867,  releasing  ground  rent  on  lot  67.     Recorded  in  book 
210,  page  343,  of  same  records. 

22.  Quitrent  deed  from  Alexander  McAllister  and  wife,  dated 
August  27,  1867,  releasing  ground  rent  on  lot  63.     Recorded  in  book 
210,  page  338,  etc.,  of  same  records. 

23.  Quitrent  deed  from  Alexander  McAllister  and  wife,  dated 
August  27,  1867,  releasing  ground  rent  on  lot  65.     Recorded  in  book 
210,  page  346,  etc.,  of  same  records. 

24.  Deed  from  Elizabeth  Hall  and  husband,  dated  August  16, 1869, 
conveying  lots  51  and  50.     Recorded  in  book  232,  page  231,  of  same 
records. 

Jurisdiction. — Ceded  by  acts  of  the  State  legislature  passed  March 
31,  1815,  April  20,  1830,  March  30,  1833,  April  14,  1859,  and  March 
28, 1867,  which  acts  provide  as  follows : 

(For  act  of  March  31,  1815,  which  provides  for  commissioners  to 
cede  jurisdiction,  etc.,  by  deed,  see  Fort  Montgomery.  No  evidence 
of  deed.) 

SECTION  1.  The  jurisdiction  of  the  State  of  New  York  is  hereby  ceded  to  the 
United  States  of  America,  for  the  purpose  of  erecting  and  maintaining  thereon 
arsenals,  magazines,  dock-yards  and  other  necessary  buildings,  over  all  that  cer- 
tain tract,  piece  or  parcel  of  land,  situate,  lying  and  being  in  the  town  of 
Watervliet,  in  the  county  of  Albany,  and  bounded  as  follows,  to  wit :  *  *  * 
together  with  all  the  land  under  water  lying  opposite  and  easterly  of  the  de- 
scribed premises,  which  has  been  heretofore  granted  by  letters  patent  to  James 
Gibbons  by  the  people  of  the  State  of  New  York ;  the  evidences  of  the  several 
purchases  of  the  land  which  is  hereby  ceded,  being  recorded  in  the  office  of  the 
clerk  of  the  county  of  Albany ;  but  always  excepting  and  reserving  out  of  the 
lands  above  described,  the  land  occupied  by  the  Erie  canal,  one  rod  on  each  side 
thereof,  and  also  the  public  highway. 

SEC.  2.  The  jurisdiction  so  ceded  to  the  United  States  is  granted  upon  the 
express  condition  that  the  State  of  New  York  shall  retain  a  concurrent  juris- 

12925°— 16 10 


288  UNITED   STATES    MILITARY  RESERVATIONS,  ETO. 

diction  with  the  United  States,  in  and  over  the  tracts  of  land  aforesaid,  so  far 
as  that  civil  process,  in  all  cases,  and  such  criminal  process  as  may  issue  under 
the  authority  of  the  State  of  New  York,  against  any  person  or  persons  charged 
with  crimes  committed  without  the  said  tract  of  land,  may  be  executed  therein, 
in  the  same  way  and  manner  as  if  this  jurisdiction  had  not  been  ceded.  The 
United  States  are  to  retain  such  jurisdiction  so  long  as  said  tract  of  land  shall 
be  used  for  the  purposes  expressed  in  the  foregoing  section,  and  no  longer. 
(Passed  Apr.  20,  1830.  Rev.  Stats,  of  N.  Y.,  8th  ed.,  vol.  1,  p.  167.) 

SEC.  3.  The  jurisdiction  of  the  state  of  New  York  is  hereby  ceded  to  the 
United  States  of  America,  for  the  purpose  of  erecting  and  maintaining  thereon 
arsenals,  magazines  and  other  necessary  buildings,  over  all  that  certain  tract, 
piece,  or  parcel  of  land,  situate,  lying  and  being  in  the  town  of  Watervliet,  in 
the  county  of  Albany,  and  bounded  as  follows,  to  wit :  Beginning  at  a  stone  set 
in  the  ground,  marked  "  U.  S.  No.  2,"  standing  at  the  south  side  of  the  Shaker 
road,  and  running  thence  from  the  said  stone  along  the  said  road  north  seventy- 
two  degrees  east,  sixteen  chains  and  twenty -four  links,  to  a  stone  in  the  ground, 
marked  "  U.  S.  No.  6 ;  "  thence  south  twenty-two  degrees  west,  ten  chains 
seventy-six  links,  to  a  stone  in  the  ground  marked  "  U.  S.  No.  7 ;  "  thence  north 
sixty-eight  degrees  west,  twelve  chains  eighty-one  links,  to  the  place  of  begin- 
ning, containing  six  acres  and  'eighty-nine  hundredths  of  an  acre.  Also  over 
all  that  other  certain  tract,  piece  or  parcel  of  land  situate,  lying  in,  and  being 
in  the  town  of  Watervliet,  in  the  county  of  Albany,  aforesaid,  bounded  as  fol- 
lows, to  wit :  Beginning  at  a  stone  set  in  the  ground,  marked  "  U.  S.  No.  4," 
and  running  thence  north  twenty-two  degrees  east,  six  chains  and  thirty-four 
links,  to  a  stone  in  the  ground  marked  "  U.  S.  No.  3,"  standing  at  the  south  side 
of  the  Shaker  road ;  thence  south  seventy-two  degrees  west,  sixteen  chains  and 
twenty-four  links,  to  a  stake,  (a  stone  in  the  ground  marked  "  U.  S.  No.  8"), 
on  the  north  side  of  the  old  Schenectady  road ;  thence  along  the  said  road  south- 
easterly twenty-two  chains  and  fifty-nine  links,  to  the  westerly  corner  of  the 
burial  ground;  then  along  the  outside  thereof  north  fifty-seven  degrees  forty- 
five  minutes  east,  three  chains  and  twenty-nine  links,  to  the  most  northerly 
corner  of  the  said  burial  ground ;  thence  south  thirty-two  degrees  fifteen  min- 
utes east,  three  chains  twenty-nine  links,  to  the  most  easterly  corner  of  the 
said  burying  ground ;  thence  south  sixty-nine  degrees  east,  one  chain  forty- 
four  links,  to  a  stake,  (a  stone  in  the  ground  marked  "  U.  S.  No.  9")  ;  thence 
south  seventy-nine  degrees  fifteen  minutes  east,  twelve  chains  eighty  links,  to 
a  stone  in  the  ground  marked  "  U.  S.  No.  10,"  on  the  west  side  of  Erie  canal ; 
thence  along  the  canal  north  ten  degrees  east,  nine  chains  and  ninety-three 
links,  to  the  south  line  of  the  land  belonging  to  the  people  of  the  United  States 
(designated  by  a  stone  in  the  ground  marked  "  U.  S.  No.  11")  ;  thence  along 
the  said  line  north  sixty-eight  degrees  west,  twenty-four  chains  fifty  links,  to 
the  place  of  beginning,  containing  thirty-eight  acres  and  one-tenth  of  an  acre; 
but  always  excepting  and  reserving  out  of  the  lands  above  described  one  rod  in 
width  along  the  west  side  of  the  Erie  canal. 

SEC.  4.  The  jurisdiction  so  ceded  to  the  United  States  over  the  said  tracts  of 
land  mentioned  in  the  last  preceding  section,  is  granted  upon  the  express  con- 
dition that  the  State  of  New  York  shall  retain  a  concurrent  jurisdiction  with 
the  United  States  in  and  over  the  said  tracts  of  land,  so  far  as  that  civil  process 
in  all  cases,  and  such  criminal  process  as  may  issue  under  the  authority  of  the 
State  of  New  York,  against  any  person  or  persons  charged  with  crimes  com- 
mitted within  or  without  the  said  tracts  of  land,  may  be  executed  therein  in 
the  same  way  and  manner  as  if  this  jurisdiction  had  not  been  ceded,  and  is  to 
take  effect  when  the  purchase  by  them  of  the  said  tracts  of  land  is  completed, 
and  the  evidences  thereof  recorded  in  the  office  of  the  clerk  of  the  county  of 
Albany,  and  they  are  to  retain  such  jurisdiction  so  long  as  the  said  tracts  of 
land  shall  be  used  for  the  purposes  expressed  in  the  foregoing  section,  and  no 
longer. 

SEC.  5.  The  jurisdiction  hereby  first  ceded  shall  not  vest  until  the  United 
States  shall  have  acquired  the  title  to  the  land  mentioned  in  the  preceding  sec- 
tion, either  by  purchase  or  in  the  manner  hereinafter  prescribed. 

SEC.  6.  If  the  United  States  can  not  acquire  the  title  to  the  said  premises  first 
above  described  by  purchase,  the  same  may  be  taken,  and  the  damages  may 
be  ascertained  and  paid  in  the  manner  prescribed  in  the  fourth  article  of  the 
second  title  of  chapter  nine  of  the  third  part  of  the  Revised  Statutes,  and  the 
same  proceedings  shall  be  had  in  all  respects  as  prescribed  in  the  said  article. 
(Passed  Mar.  30, 1833.  Rev.  Stats,  of  N.  Y.,  8th  ed.,  vol.  1,  p.  168.) 


NEW   YORK.  289 

SECTION  1.  The  jurisdiction  of  the  State  of  New  York  is  hereby  ceded  to  the 
United  States  of  America,  for  the  purpose  of  erecting  and  maintaining  thereon 
arsenals,  magazines  and  other  necessary  buildings,  and  also  of  using  the  grounds 
hereinafter  described  in  connection  with  the  arsenal  buildings  already  erected, 
over  all  that  certain  tract,  piece,  or  parcel  of  land,  situate,  lying,  and  being  in 
the  village  of  West  Troy,  town  of  Watervliet,  and  County  of  Albany,  bounded  as 
follows,  to  wit :  [Here  describes  lands  conveyed  by  Augustus  Viele  and  wife, 
Mar.  18,  1859.] 

SEC.  2.  The  jurisdiction  so  ceded  to  the  United  States  over  the  said  tract  of 
land  mentioned  in  the  preceding  section,  is  granted  upon  the  express  condition 
that  the  State  of  New  York  shall  retain  a  concurrent  jurisdiction  with  the 
United  States  in  and  over  the  said  tract  of  land,  so  far  as  that  civil  process  in 
all  cases,  and  such  criminal  process  as  may  issue  under  the  authority  of  the 
State  of  New  York,  against  any  person  or  persons  charged  with  crimes  com- 
mitted within  or  without  the  said  tract  of  land,  may  be  executed  thereon  in 
the  same  way  and  manner  as  if  this  jurisdiction  had  not  been  ceded,  and  this 
act  is  to  take  effect  when  the  purchase  by  the  United  States  of  said  tract  of 
land  is  completed,  and  the  evidences  recorded  in  the  office  of  the  Clerk  of  the 
County  of  Albany,  and  not  before ;  and  they  are  to  retain  such  jurisdiction  so 
long  as  the  said  tract  of  land  shall  be  used  for  the  purposes  expressed  in  the 
foregoing  section,  and  no  longer.  (Passed  Apr.  14,  1859.  Rev.  Stats,  of  N.  YM 
8th  ed.,  vol.  1,  p.  191.) 

SECTION  1.  Jurisdiction  is  hereby  ceded  to  the  United  States  of  America  over 
all  that  certain  tract,  piece,  or  parcel  of  land  situate,  lying,  and  being  in  the 
village  of  West  Troy,  town  of  Watervliet,  and  County  of  Albany,  bounded  as 
follows,  to  wit :  *  *  And  also  all  that  certain  other  tract,  piece  or  parcel 
of  land  situate,  lying  and  being  in  said  village  of  West  Troy,  bounded  as  follows, 
to  wit:  *  *  * 

SEC.  2.  The  State  of  New  York  retains  a  concurrent  jurisdiction  with  the 
United  States  in  and  over  the  said  lands,  so  far  forth  as  that  all  civil  and 
criminal  process  which  may  issue  under  the  laws  or  authority  of  the  State  of 
New  York  may  be  executed  thereon,  in  the  same  way  and  manner  as  if  this  juris- 
diction had  not  been  ceded,  when  such  process  does  not  affect  the  real  or  per- 
sonal property  of  the  United  States.  This  act  takes  effect  when  the  United 
States  has  acquired,  by  purchase  or  otherwise,  the  title  to  said  tract  of  land 
and  has  recorded  the  evidence  of  such  title  in  the  office  of  the  clerk  of  the 
County  of  Albany,  and  not  before. 

SEC.  3.  The  said  property,  when  acquired  by  the  United  States,  shall  be  and 
continue  forever  thereafter  exonerated  and  discharged  from  all  taxes  and 
assessments  and  other  charges  which  may  be  levied  or  imposed  under  the 
authority  of  this  State;  but  the  jurisdiction  hereby  ceded  and  the  exemption 
from  taxation  hereby  granted  shall  continue,  in  respect  to  said  property,  so  long 
as  the  same  shall  remain  the  property  of  the  United  States  and  be  used  for 
public  purposes,  and  no  longer.  (Passed  Mar.  28,  1867.  Rev.  Stats,  of  N.  Y., 
8th  ed.,  vol.  1,  p.  198.) 

See  Appendix,  pages  512-514. 
See  also  "  General  act  of  cession." 

WEST  POINT. 

This  reservation  is  situated  in  Orange  County  on  the  west  bank 
of  the  Hudson  River,  51  miles  above  the  city  of  New  York,  and  is 
the  seat  of  the  United  States  Military  Academy.  It  consists  of  the 
main  reservation,  containing  about  2,523  acres,  and  two  outlying- 
tracts  acquired  for  water  supply  containing  about  772.5  acres,  mak- 
ing the  aggregate  area  of  the  reservation  about  3,295.5  acres,  exclu- 
sive of  Constitution  Island  (area  about  280  acres),  and  submerged 
land. 

MAIN    RESERVATION. 

Title. — 1.  Deed  from  Stephen  Moore  and  wife,  with  covenant  to 
acknowledge  and  levy  fine  or  fines,  to  Henry  Knox,  Secretary  of 
War,  etc.,  dated  September  10, 1790,  conveying  2  tracts  of  land,  parts 


290  UNITED    STATES    MILITARY   RESERVATIONS,  ETC. 

of  the  Congreve  and  Moore  patents,  recorded  in  the  office  of  the 
secretary  of  state  of  the  State  of  New  York,  in  book  of  deeds  No.  24, 
page  74,  etc.,  purchase  authorized  by  act  of  Congress  approved  Julv 
5, 1790  (1  Stat.,  129).  Quitclaim  dated  October  1,  1790,  from  Henry 
Knox,  Secretary  of  War,  to  the  same  premises.  Recorded  in  same 
book  on  same  page. 

The  boundaries  of  the  above  tracts  were  settled  in  1812,  under  an 
act  of  Congress  approved  January  22,  1811  (2  Stat.,  615).  Accord- 
ing to  the  report  of  the  commissioners,  dated  January  22,  1812,  the 
area  of  the  Congreve  tract  is  1,438  acres  and  that  of  the  Moore  tract 
is  332  acres.  The  report,  proofs,  and  map  were  recorded  in  the  office 
of  the  secretary  of  state  of  the  State  of  New  York,  in  book  of  deeds 
No.  38,  page  521,  and  were  accepted  by  an  act  of  Congress  approved 
January  5,  1813  (2  Stat.,  790). 

2.  Deed  from  Oliver  Gridley  and  wife,  dated  May  13, 1824,  convey- 
ing 310  acres.     Recorded  in  liber  "  Y,"  page  58  of  deed  records  of 
Orange  County.     Purchase  authorized  by  act  of  Congress  approved 
March  10, 1824  (4  Stat,  8). 

3.  Deed  from  Kinsley  Twining  and  wife  et  al.,  dated  May  7,  1889. 
conveying  231  acres,  known  as  the  Kinsley  tract,  exclusive  of  the 
right  of  way  of  the  New  York  West  Shore  &  Buffalo  Railway  (ex- 
cepted  from  the  conveyance),  and   inclusive  of  certain  highways 
embracing  6  acres.     Recorded  in  liber  369,  page  323,  of  the  same 
records. 

The  following  deeds  of  release  were  taken  to  perfect  title  to  this 
tract : 

(a)  Elizabeth  H.  Kinsley,  May  7,  1889.  releasing  dower.     Liber 
369,  page  355. 

(b)  S.  B.  Diffenderfer,  guardian,  etc.,  July  1,  1889.     Liber  369, 
page  352. 

(c)  Mary  T.  Gridley,  May  7.  1889.     Liber  369,  page  333. 

(d)  Annie  G.  Walker  and  husband,  May  7,  1889.    Liber  369,  page 
348. 

(e)  Henry  H.  Gird  and  wife  et  al.,  May  7,  1889.     Liber  369,  page 
339. 

(/)  William  H.  Jaques,  September  24,  1889.     Liber  369,  page  336. 
')  Lynott  B.  Root  et  al.,  May  7,  1889.    Liber  369,  page  344. 

Eliza  A.  Reed  and  husband,  June  14,  1889.    Liber  369,  page 
361. 

(i)  Kinsley  P.  Diffenderfer  and  wife  et  al.,  June  14,  1889.  Liber 
369,  page  365. 

(j)  Julia  Twining,  committee  and  special  guardian,  etc.,  July  1, 
1889.  Liber  369,  page  329. 

4.  Governor's  deed,  December  29,  1908,  conveying  lands  along  the 
Kinsley  tract,  between  high-water  line  and  a  line  in  the  river  100 
feet  distant  therefrom.    Liber  — ,  page  — . 

5.  Deed  from  Margaret  V.  McNulty,  dated  June  6, 1903,  conveying 
a   tract   adjoining   the   reservation   known    as   the   Dassouri   tract, 
containing  211.82  acres.    Recorded  in  liber  465,  page  448. 

BOUND   POND,    BIGHT    OF    WAY   FOB    WATEB   PIPES,    ETC. 

6.  Deed  from  Ezra  Drew  and  wife,  dated  August  5,  1879,  convey- 
ing 49.72  acres,  including  part  called  Round  Pond,  recorded  in  liber 
294,  page  307. 


w  / 

8: 


NEW   YORK.  291 

7.  Deed  from  Cornelius  Nelson,  October  27,  1881,  conveying  all 
mineral  rights,  also  Round  Pond,  recorded  in  liber  308,  page  296. 

8.  Deed  from  Elijah  C.  Vought  and  wife,  August  11,  1879,  releas- 
ing interest  in  Round  Pond.    Recorded  in  liber  294,  page  332. 

9.  Deed  from  Moses  Gee  and  wife,  dated  July  24,  1879,  conveying 
right  of  way  for  water  pipe,  etc.    Recorded  in  liber  294,  page  -63. 

10.  Deed  from  Townsend  Drew,  dated  July  24,  1879,  conveying 
right  of  way,  etc.,  recorded  in  liber  294,  page  60. 

11.  Deed  from  Ezra  Drew  and  wife,  August  5,  1879,  conveying 
right  of  way  for  water  pipes,  etc.    Recorded  in  liber  294,  page  310. 

12.  Deed  from  Samuel  Van  Voorhis  and  wife,  August  11,  1879, 
conveying  right  of  way,  etc.    Recorded  in  liber  294,  page  336. 

13.  Deed  from  William  Lewis  and  wife,  August  11,  1879,  convey- 
ing right  of  way,  etc.,  recorded  in  liber  294,  page  334. 

POPOLOPEN    CREEK    TRACT    FOR    WATER    SUPPLY    AND    RIGHTS    OF    WAY. 

14.  Deed  from  Charles  F.  Roe  and  wife,  dated  June  17,  1905,  con- 
veying two  tracts  aggregating  267  acres.     Recorded  in  liber  476, 
page  484. 

15.  Deed  from  Charles  F.  Roe  and  wife,  dated  June  17,  1905,  con- 
veying 15  acres.    Recorded  in  liber  476,  page  484. 

16.  Quitclaim  deed  from  the  Buttermilk  Falls  Electric  Co.,  dated 
August  5, 1905,  to  the  above  15  acres,  and  also  conveying  strip  of  land 
3  rods  wide  along  northerly  side  of  Popolopen  Creek,  the  bed  of  said 
creek,  etc.,  two  parcels  of  land  comprising  1.13  and  ^  acres,  respec- 
tively, the  water  power  of  said  creek,  and  the  company's  power  house 
and  machinery.    Recorded  in  liber  477,  page  138. 

17.  Deed  from  Lewis  F.  Goodsell  and  wife,  dated  June  17,  1905, 
conveying  tract  of  103  acres,  with  right  of  way  thereto,  and  another 
tract  of  27.33  acres.    Recorded  in  liber  482,  page  476. 

18.  Deed  from  Charles  H.  Lambert  and  wife,  dated  September  19, 
1906,  conveying  36  acres.    Recorded  in  liber  490,  page  43. 

19.  Deed  from  Lewis  F.  Goodsell  and  wife,  dated  June  22,  1907, 
conveying  22  acres.    Recorded  in  liber  498,  page  421. 

20.  Decree  of  condemnation  in  United  States  v.  John  G.  Pavek  and 
wife  et  al.,  covering  about  211  acres.     Filed  April  8,  1907,  in  the 
same  records. 

21.  Decree  of  condemnation  in  United   States  v.  Clarissa   Rose 
et  al.,  covering  2  parcels  containing  35.62  acres  and  4.38  acres,  re- 
spectively.   Filed  January  19,  1909,  in  the  same  records. 

22.  Deed  from  David  C.  Rose  and  wife,  dated  September  29,  1906, 
conveying  easement  for  water  pipe.    Recorded  in  liber  486,  page  279, 
et  seq'. 

23.  Deed  from  Lambert  Kleitz  and  wife,  dated  March  31,  1906, 
conveying  easement  for  water  pipe.    Recorded  in  liber  485,  page  381. 

24.  'Deed  from  William  H.  Brooks  and  wife,  dated  July  6,  1905, 
conveying  easement  for  water  pipe.    Recorded  in  liber  476,  page  537. 

25.  Decree  of  condemnation  in  United  States  v.  James  Faurot, 
et  al.,  Supreme  Court,  Orange  County,  covering  easement  for  water 
pipe.    Filed  December  28, 1905,  in  the  same  records. 

26.  Deed  from  Lee  W.  Beattie  and  wife,  dated  January  8,  1906, 
conveying  easement  for  water  pipe.    Recorded  in  liber  480,'page  100. 

27.  Deed  from  Charles  S.  Degray,  and  Isaac  F.  Garrison,  and 


292  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

wife,  dated  January  20,  1906,  conveying  easement  for  water  pipe. 
Recorded  in  liber  480,  page  412. 

28.  Deed  from  Susan  F.  Carpenter,  dated  March  26,  1906,  convey- 
ing easement  for  water  pipe.    Recorded  in  liber  481,  page  413. 

29.  Deed  from  Edward  W.  Dornberger  and  wife,  dated  April  13, 

1906,  conveying  easement  for  water  pipe.     Recorded  in  liber  482, 
page  2. 

30.  Deed  from  Carrie  A.  Garrison,  dated  April  30,  1906,  convey- 
ing easement  for  water  pipe.    Recorded  in  liber  483,  page  102. 

31.  Deed  from  Clinton  Drew  et  al.,  dated  May  29,  1906,  conveying 
easement  for  water  pipe.    Recorded  in  liber  483,  page  399. 

32.  Deed  from  Addie  Drew,  widow,  et  al.,  dated  July  27, 1906,  con- 
veying easement  for  water  pipe.    Recorded  in  liber  484,  page  329. 

33.  Deed  of  Edith  Mandigo,  dated  November  7,  1906,  conveying 
easement  for  water  pipe.    Recorded  in  liber  487,  page  275. 

34.  Deed  from  Elizabeth  Gibney,  dated  October  15, 1906,  conveying 
easement  for  water  pipe.    Recorded  in  liber  487,  page  8. 

35.  Deed  from  John  Pierpoint  Morgan  and  wife,  dated  March  12, 

1907,  conveying  easement  for  water  pipe.     Recorded  in  liber  501, 
page  77. 

36.  Decree  of  condemnation  in  United  States  v.  Theodore  Faurot  et 
al.,  covering  easement  for  water  pipe.    Filed  February  25, 1907,  in  the 
same  records. 

37.  Deed  from  Frances  Pell  Archer-Shea  and  husband,  dated  July 
16,  1907,  conveying  easement  for  water  pipe  line  through  premises  of 
the  grantors.    Recorded  in  liber  511,  page  31.">. 

38.  Deed  from  Sarah  Faurot  Leonard,  widow,  and  Walter  Clayton 
Leonard,  heir  at  law  of  Harvey  Leonard,  deceased,  dated  February  2, 
1907,  conveying  easement  for  water  pipe.     Recorded  in  liber  489, 
page  366. 

39.  Deed  from  Clara  W.  Pavek,  dated  May  17, 1909,  releasing  right 
of  dower,  etc.,  in  about  211  acres.    See  No.  19.    Recorded  in  liber  507, 
page  552. 

CONSTITUTION    ISLAND. 

This  island  contains  an  area  of  about  230  acres  of  upland  and  about 
50  acres  of  meadow  and  was  donated  to  the  United  States  by  deed  of 
Mrs.  Margaret  Olivia  Sage,  dated  May  25,  1909.  Recorded  in  liber 
101,  page ^290  of  the  deed  records  of  Putnam  County.  The  donation 
of  this  island  was  accepted  by  act  of  Congress  approved  February  24, 
1909.  (35  Stat.  1166.) 

EASEMENTS,    JURISDICTION,    ETC. 

Easements. — Act  of  Congress  approved  December  14,  1867  (15 
Stat.,  33),  authorized  the  Secretary  of  War  to  grant  a  right  of  way 
through  the  reservation  to  the  Hudson  River  West  Shore  Railroad 
Co.  License  under  above  authority  August  5,  1870.  See  appendix, 
page  508. 

Permission,  July  2,  1914,  under  authority  of  act  of  Congress 
approved  July  5,  1884  (23  Stat.,  104),  to  highway  commissioners  of 
the  State  of  New  York  to  extend  State  highway  across  the  reser- 
vation. 

Permission,  August  12,  1915,  under  authority  of  acts  of  Congress 
approved  July  5,  1884  (23  Stat.,  104),  and  March  3,  1899  (30  Stat., 
1151),  to  the  board  of  commissioners  of  the  Palisades  Interstate  Park 


tfEW  YORK.  293 

to  erect  a  bridge  across  Popolopen  Creek  and  the  approaches  to  said 
bridge. 

Leases. — November  4,  1911,  for  five  years  to  Emilie  Logan,  of 
West  Point  Hotel. 

November  1,  1912,  for  five  years,  to  the  Buttermilk  Falls  Electric 
Co.,  of  electric-light  plant  upon  Popolopen  Creek. 

February  3,  1913,  to  William  P.  Duffy,  for  five  years,  from  April 
16,  1913,  of  public  stables. 

July  1,  1915,  for  five  years,  to  Western  Union  Telegraph  Co.,  of 
space  in  post-office  lobby  for  use  as  a  telegraph  office. 

Revocable  licenses. — May  15,  1890,  to  the  Highland  Falls  Water  & 
Electric  Power  Co.  to  lay,  maintain  and  use  a  line  of  water  pipe 
across  the  southwest  corner  of  the  reservation. 

April  14,  1899,  to  the  Bt  Rev.  M.  A.  Corrigan  to  erect  and  main- 
tain a  chapel  on  the  reservation  under  authority  of  act  of  Congress 
approved  July  8,  1898  (30  Stat,  722). 

Jurisdiction,  etc. — Jurisdiction  was  ceded  to  the  United  States  by 
acts  of  the  State  legislature  passed  March  2, 1826 ;  May  15, 1875 ;  May 
25,  1876 ;  April  21,lS79,  as  amended  by  act  of  May  30,  1879 ;  June  14, 
1880;  May  12,  1881;  May  15,  1888;  February  23,  1905, 'as  amended 
March  21, 1905;  and  April  27,  1908,  which  acts  provide  as  follows: 

Be  it  enacted,  etc.,  That  the  jurisdiction  of  this  State,  in  and  over  the  tract  of 
land  hereinafter  described,  he  and  the  same  is  hereby  ceded  to  the  United 
States;  that  is  to  say,  all  that  piece  or  parcel  of  land  lying  in  the  town  of 
Cornwall,  in  the  County  of  Orange,  and  bounded  as  follows:  Beginning  at  the 
northeasterly  corner  of  the  piece  of  land  herein  intended  to  be  described,  at  the 
mouth  of  a  small  creek  which  enters  into  the  Hudson  river  near  the  old  Stores, 
and  thence  up  and  along  the  southeasterly  side  of  the  said  creek,  to  its  intersec- 
tion with  the  northeasterly  side  of  the  road  leading  from  West  Point  to  John 
Kronkhite's ;  thence  southeasterly  along  the  northeasterly  side  of  the  said  road, 
to  its  intersection  with  the  road  which  leads  from  West  Point  southerly  to  the 
widow  Kingsley's;  thence  from  said  point  of  intersection  due  south  to  a  point 
seven  chains  south  of  the  line  which  divides  the  Gridley  farm  from  the  post  of 
West  Point ;  and  from  thence  south  eighty-one  degrees  east,  to  the  Hudson  river, 
on  n  line  parallel  with  the  said  division  line;  and  from  thence  northwardly 
along  the  low-water  mark  of  the  said  river,  to  the  place  of  beginning,  containing 
two  hundred  and  twenty  acres  or  thereabouts ;  Provided,  nevertheless,  That 
such  jurisdiction  so  ceded  as  aforesaid  shall  not  extend  or  be  construed  to 
extend  so  as  to  impede  or  prevent  the  execution  of  any  process,  civil  or  criminal, 
under  the  authority  of  this  State,  except  so  far  as  such  process  may  affect  the 
real  or  personal  property  of  the  United  States,  within  the  said  above-described 
tract  of  land.  (Passed  Mar.  2,  1826.  Rev.  Stats,  of  N.  Y.,  8th  ed.,  vol.  1,  p.  165.) 

SECTION  1.  Consent  is  hereby  given  under  paragraph  sixteen  of  section  eight, 
article  one  of  the  Constitution  of  the  United  States,  to  the  respective  purchases 
heretofore  made  by  the  United  States,  of  the  several  tracts  of  land  at  West 
Point,  in  the  county  of  Orange,  now  held  and  owned  by  the  United  States  for  the 
erection  and  maintenance  thereon  of  forts,  arsenals,  docks  and  piers,  military 
academy,  hospitals,  and  other  needful  buildings,  and  for  the  maintenance  of  the 
National  cemetery  and  an  observatory,  and  the  legislature  hereby  also  cedes  the 
jurisdiction  overpaid  lands  to  the  United  States,  reserving  the  right  to  serve 
civil  and  criminal  process  as  now  existing,  except  so  far  as  such  process  may 
affect  the  real  or  personal  property  of  the  United  States,  and  occupancy  of  the 
highways  now  existing  or  which  may  exist,  upon  said  lands  under  the  laws  of 
this  state.  (Passed  May  15,  1875.  Rev.  Stats,  of  N.  Y.,  8th  ed.,  vol.  1,  p.  209.) 

SECTION  1.  All  the  right  and  title  of  the  State  of  New  York  to  the  following 
described  parcel  of  land  covered  with  water  adjacent  and  contiguous  to  the 
lands  of  the  United  States  on  the  Hudson  river  at  West  Point,  and  jurisdiction 
over  the  same,  are  hereby  released  and  ceded  to  the  United  States  under  article 
one,  section  eight,  paragraph  sixteen,  of  the  Constitution,  for  the  purpose  of 
erecting  and  maintaining  docks,  wharves,  boat-houses,  batteries,  and  other  need- 
ful military  structures  and  appurtenances;  *  *  *  Provided,  that  jurisdic- 


294  UNITED   STATES   MILITABY   BESEBVATIONS,  ETO. 

tion  hereby  ceded  shall  continue  no  longer  than  the  United  States  shall  own  said 
land  at  West  Point  and  the  adjacent  land  covered  with. water  hereby  released ; 
and  provided  further,  that  all  civil  and  such  criminal  process  as  may  lawfully 
issue  under  authority  of  this  state  may  be  served  or  executed  over  said  released 
lands.  (Passed  May  25,  1876.  Rev.  Stats,  of  N  .Y.,  8th  ed.,  vol.  1,  p.  214.) 

SECTION  1.  The  commanding  officer  of  the  United  States  military  post  at  West 
Point,  New  York,  is  hereby  authorized  by  himself,  or  such  representative  as  he 
may  appoint,  to  enter  upon  any  lands  for  the  purpose  of  making  surveys,  with 
a  view  to  the  improvement  of  the  water  supply  of  said  United  States  military 
post  at  West  Point,  New  York,  and  to  agree  with  the  owner  or  owners  of  any 
lands,  and  of  Round  Pond,  as  to  the  amount  of  compensation  to  be  paid  for  the 
same,  or  any  of  the  same,  or  for  the  right  of  way  or  other  easement,  on  any 
lands  which,  or  any  of  which,  may  be  required  for  the  purposes  of  this  act,  or 
which  may  be  injuriously  affected  by  any  of  the  operations  authorized  thereby 
or  connected  therewith. 

Sections  2  and  3  provide  for  condemnation  of  the  property  in  case 
of  disagreement  as  to  purchase.  (Act  of  Apr.  21,  1879,  as  amended 
by  act  of  May  30, 1879.  Kev.  Stats,  of  N.  Y.,  8th  ed.,  vol.  1,  p.  215.) 

SECTION  1.  The  consent  of  the  state  of  New  York  is  hereby  given  to  the  pur- 
chase by  the  United  States  of  America  of  a  certain  pond,  known  as  Round  pond, 
in  the  town  of  Highlands,  county  of  Orange,  state  of  New  York,  and  of  certain 
lands  adjacent  thereto,  amounting  in  all  to  forty-nine  and  seventy-two  one  hun- 
dredths  acres,  and  of  the  right  of  laying  a  water  pipe  from  the  same  to  the 
United  States  lands  at  West  Point,  New  York,  for  the  purpose  of  increasing 
the  water  supply  thereof;  and  the  said  United  States  may  hold,  use,  occupy  and 
own  the  said  lands  and  pond  and  exercise  jurisdiction  and  control  over  the  same 
and  every  part  thereof,  subject  to  the  restrictions  hereinafter  mentioned. 

SEC.  2.  The  jurisdiction  of  the  state  of  New  York  in  and  over  said  lands  and 
pond  mentioned  in  the  last  section  shall  be  and  the  same  is  hereby  ceded  to  the 
United  States  for  the  purpose  aforesaid;  and  the  jurisdiction  hereby  ceded  shall 
continue  no  longer  than  the  said  United  States  shall  own  the  said  lands  and  pond. 

SEC.  3.  The  consent  is  given  and  the  said  jurisdiction  ceded  upon  the  express 
condition  that  the  state  of  New  York  shall  retain  concurrent  jurisdiction  with 
the  United  States  in  and  over  the  said  lands  and  pond  so  far  as  that  all  civil 
process  in  all  cases  and  such  criminal  and  other  process  as  may  issue  under  the 
laws  or  authority  of  the  state  of  New  York  against  any  person  or  persons 
charged  with  crimes  or  misdemeanors  committed  within  said  state,  may  be 
executed  therein  in  the  same  way  and  manner  as  if  such  consent  had  not  been 
given  or  jurisdiction  ceded,  except  so  far  as  such  process  may  affect  the  real 
or  personal  property  of  the  United  States. 

SEC.  4.  So  long  as  the  said  lands  and  pond  shall  remain  the  property  of  the 
United  States,  and  no  longer,  the  same  shall  be  and  continue  discharged  from 
all  taxes,  assessments,  and  other  charges  which  may  be  levied  or  imposed  under 
the  authority  of  this  state. 

SEC.  5.  This  act  shall  not  affect  the  claim  of  Cornelius  Nelson  in  and  to  the 
minerals  upon  the  said  premises,  nor  the  right  of  the  public  to  enjoy  the  public 
highways  as  heretofore  used.  (Passed  June  14,  1880.  Rev.  Stats,  of  N.  Y., 
8th  ed.,  vol.  1,  p.  226.) 

SECTION  1.  The  United  States  is  hereby  authorized,  through  the  Secretary  of 
War,  to  agree  with  the  owner  or  owners  of  any  minerals,  mineral  right  or  right 
appertaining  to  such  mineral  right  in  said  lands  and  premises,  purchased  by  the 
United  States  in  manner  aforesaid,  to  wit,  said  Round  pond  and  lands  adjacent 
thereto,  in  the  town  of  Highlands,  Orange  County,  New  York,  and  with  the 
owner  of  any  such  minerals,  or  mineral  or  other  rights  as  aforesaid,  in  the  lands 
through  which  the  right  of  laying  a  water  pipe  from  Round  pond  to  the  United 
States  lands  at  West  Point,  New  York,  was  granted  as  aforesaid,  as  to  the  com- 
pensation to  be  paid  for  the  same,  and  to  acquire  and  hold  said  minerals,  and 
mineral  or  other  rights,  as  aforesaid. 

Sections  2  and  3  provide  for  condemnation  of  the  property  in  case 
of  disagreement  as  to  purchase.  (Passed  May  12,  1881.  Rev.  Stats, 
of  N.  Y.,  8th  ed.,  vol.  1,  p.  227.) 

SECTION  1.  Consent  is  hereby  given  under  paragraph  seventeen  of  section 
eight,  article  one,  of  the  Constitution  of  the  United  States,  to  the  purchase  by 


NEW  YORK.  295 

the  United  States  of  the  whole  or  a  part  of  the  lands  of  the  estate  of  the  late 
E.  V.  Kinsley  lying  to  the  south  of  and  adjoining  the  government  lands  at  West 
Point,  New  York,  in  the  county  of  Orange,  and  now  the  property  of  the  heirs 
of  said  Kinsley,  for  the  erection  and  maintenance  thereon  of  forts,  magazines, 
arsenals,  dockyards,  military  academy,  hospitals,  and  other  needful  buildings; 
and  the  legislature  hereby  also  cedes  the  jurisdiction  over  said  land  to  the 
United  States,  reserving  the  right  to  serve  civil  and  criminal  process  as  now 
existing,  except  so  far  as  such  process  may  affect  the  real  or  personal  property 
of  the  United  States,  and  the  occupancy  of  the  highways  now  existing  or  which 
may  exist  upon  said  lands  under  the  laws  of  the  State. 

SEC.  2.  This  act  shall  take  effect  upon  the  filing  by  the  United  States,  in  the 
department  of  state  of  the  state  of  New  York,  of  proper  evidence  of  the  pur- 
chase of  said  lands  by  the  United  States,  either  by  agreement  with  the  heirs  of 
the  said  E.  V.  Kinsley  or  in  the  mode  provided  by  the  laws  of  the  state  of  New 
York.  (Passed  May  15,  1888,  Rev.  Stats,  of  N.  Y.,  8th  ed.,  vol.  1,  p.  237.) 

See  Appendix,  page  508. 

Consent  given  and  jurisdiction  ceded  by  the  act  of  February  23, 
1905,  as  amended  by  act  of  March  21,  1905  (Laws  of  New  York, 
1905,  p.  108),  to  the  acquisition  by  the  United  States  of  lands  or 
water,  or  any  rights  and  easements  therein,  in  the  town  of  Highlands, 
county  of  Orange,  at  or  adjacent  to  Popolopen  Creek,  upon  the 
following  provisos,  inter  alia : 

The  said  consent  is  given  and  the  said  jurisdiction  is  ceded  upon  the  express 
condition,  that  the  state  of  New  York  shall  retain  a  concurrent  jurisdiction  with 
the  United  States  of  America  in  and  over  the  said  land,  waters,  rights  in  land 
and  waters  and  rights  of  way  so  far  as  that  all  civil  or  criminal  processes  which 
may  issue  under  the  laws  or  authority  of  said  state  may  be  executed  therein,  in 
the  same  manner  and  to  the  same  extent  as  if  such  consent  had  not  been  given 
or  jurisdiction  ceded,  except  so  far  as  such  process  may  affect  the  real  or  per- 
sonal property  of  the  United  States  of  America.  *  *  * 

The  cession  of  jurisdiction  hereby  made  shall  take  effect  upon  the  filing  by 
the  United  States  of  America  in  the  department  of  state  of  the  state  of  New 
York  of  proper  evidence  of  the  acquisition  of  said  lands,  water,  rights  to  lands 
and  water  and  rights  of  way  by  the  United  States  of  America,  either  by  agree- 
ment with  the  owners  thereof,  or  in  the  mode  provided  by  the  laws  of  the  United 
States  of  America  or  of  the  state  of  New  York.  (Laws  of  New  York,  1905,  p. 
110.) 

SECTION  1.  Consent  is  hereby  given  under  paragraph  seventeen  of  section 
eight,  article  one,  of  the  constitution  of  the  United  States,  to  the  several  pur- 
chases heretofore  made  by  the  United  States,  since  May  fifteenth,  eighteen 
hundred  and  seventy-five,  of  certain  lands  in  the  county  of  Orange,  state  of 
New  York,  adjacent  or  contiguous  to  the  military  reservation  at  West  Point, 
for  the  erection  and  maintenance  thereon  of  forts,  magazines,  military  academy, 
hospitals,  docks,  piers,  and  other  needful  buildings  and  for  other  military  pur- 
poses of  the  United  States  military  academy,  and  jurisdiction  is  hereby  ceded 
over  all  said  lands  thus  purchased  and  acquired  by  the  United  States,  and  over 
any  roadway  thereon  not  public  highways  across  said  reservation,  and  also  over 
such  land  under  water  of  Hudson  river  adjacent  to  said  purchased  lands  as  may 
be  released  or  ceded  to  the  United  States  by  this  state  under  the  provisions  of 
this  act :  Provided,  that  jurisdiction  hereby  ceded  shall  continue  no  longer  than 
the  United  States  shall  own  said  lands  at  West  Point  and  the  adjacent  land 
covered  with  water  hereby  released,  and  provided  further,  that  all  civil  and  such 
criminal  process  as  may  be  lawfully  issued  under  authority  of  this  state  may 
be  served  or  executed  over  said  lands.  (Passed  Apr.  27,  1908,  p.  461,  vol.  1, 
Laws  of  1908.) 

Section  2  authorizes  conveyance  made  by  governors'  deed,  No.  4, 
ante. 

FORT  WOOD  (BEDLOES  ISLAND). 

This  island  is  situated  in  New  York  Harbor,  on  the  western  side 
of  the  channel  of  the  upper  bay;  is  about  If  miles  southwest  from 
the  Battery  at  New  York  City,  2  miles  from  Governors  Island,  and 


296  UNITED   STATES    MILITARY   RESERVATIONS,  ETC. 

1J  miles  from  the  New  Jersey  shore,  and  contains  an  area  of  about 
12  acres.  The  island  is  the  site  of  Fort  Wood,  and  also  of  the  Statue 
of  Liberty. 

Title  and  Jurisdiction. — Ceded  by  act  of  the  State  legislature 
passed  February  15,  1800,  entitled  "An  act  to  cede  to  the  United 
States  the  jurisdiction  of  certain  islands  situated  in  and  about  the 
harbor  of  New  York,"  which  provided  as  follows : 

Be  it  enacted,  etc.,  That  the  following  islands,  in  and  about  the  harbor  of 
New  York,  and  in  and  about  the  fortifying  of  which,  this  State  hath  heretofore 
expended  or  caused  to  be  expended  large  sums  of  money,  to  wit,  all  that  cer- 
tain island  called  Bedlow's  Island,  bounded  on  all  sides  by  the  waters  of  Hud- 
son river;  all  that  certain  island  called  Oyster  island,  bounded  on  all  sides  by 
the  waters  of  the  Hudson  river;  and  all  that  certain  island  called  Governor's 
island,  on  which  Fort  Jay  is  situate,  bounded  on  all  sides  by  the  waters  of 
East  river  and  Hudson  river,  shall  hereafter  be  subject  to  the  jurisdiction  of 
the  United  States:  Provided,  that  this  cession  shall  not  extend  to  prevent  the 
execution  of  any  process,  civil  or  criminal,  issuing  under  the  authority  of  this 
State,  but  that  such  process  may  be  served  and  executed  on  the  said  islands,  re- 
spectively, anything  herein  contained  notwithstanding.  (Passed  Feb.  15,  1800. 
See  Rev.  Stats,  of  N.  Y.,  8th  ed.,  vol.  1,  p.  152,  sec.  3.) 

That  it  was  the  intention  of  the  legislature  by  the  above-recited 
act  to  cede  title  as  well  as  jurisdiction  is  clearly  evident  from  the 
act  approved  May  7,  1880,  ceding  certain  lands  covered  with  water, 
which  is  as  follows: 

SECTION  1.  All  the  right  and  title  of  the  state  of  New  York  to  the  following 
described  parcels  of  land  covered  witli  water,  adjacent  and  contiguous  to  the 
lands  of  the  United  States,  in  the  harbor  of  New  York,  at  Governor's,  Bedloe's, 
Ellis's,  and  David's  Islands,  and  Forts  Lafayette,  Hamilton,  Wadsworth  (or 
Tompkins),  and  Schuyler,  and  jurisdiction  over  the  same,  are  hereby  released 
and  ceded  to  the  United  States  under  article  one,  section  eight,  paragraph  seven- 
teen of  the  constitution,  for  the  purpose  of  erecting  and  maintaining  docks 
wharves,  boat-houses,  sea  walls,  batteries,  and  other  needful  structures  and 
appurtenances.  Said  lands  covered  with  water  are  bounded  and  described  as 
follows.  *  *  *  Provided,  that  jurisdiction  hereby  ceded  shall  continue  no 
longer  than  the  United  States  shall  own  said  lands  at  Governor's,  Bedloe's, 
Ellis's,  and  David's  Islands,  and  at  Forts  Lafayette,  Hamilton,  Wadsworth,  and 
Schuyler,  and  the  adjacent  lands  covered  with  water,  herein  described  and 
hereby  released ;  and  provided,  further,  that  all  civil  and  such  criminal  process 
as  may  lawfully  issue  under  authority  of  this  state  may  be  served  or  executed 
over  said  released  lands.  (Passed  May  7,  1880.  Rev.  Stats,  of  N.  Y.,  8th  ed., 
vol.  1,  p.  223.) 

Subsequent  to  the  passage  of  the  foregoing  act,  to  wit,  May  26, 
1880,  the  submerged  premises  were  granted  and  conveyed  to  the 
United  States  of  America  by  the  governor  of  the  State  of  New  York, 
by  letters  patent,  under  the  terms  of  the  said  act,  and  with  the  limita- 
tions contained  therein.  Patent  recorded  May  26,  1880,  in  Book  of 
Patents  No.  44,  page  604,  etc.,  of  the  records  of  patents  in  the  office 
of  the  secretary  of  state  for  the  State  of  New  York. 

See  also  "  General  act  of  cession." 

License,  January  17,  1905,  to  the  United  States  from  the  Central 
Railroad  Co.  of  New  Jersey  to  lay   and  maintain  on  the  prem- 
ises of  said  company  a  steel  pipe  for  the  transmission  of  fresh  water 
to  Fort  Wood.    License  given  "  for  the  term  of  ten  years 
and  thereafter  during  the  pleasure  "  of  the  company. 

License,  May  13,  1905,  to  the  United  States  from  the  National 
Storage  Co.,  covering  similar  privilege. 

By  Executive  order,  dated  December  30,  1901,  the  President -di- 
rected that  the  lighthouse  reservation  on  Bedloes  Island  be  placed 


NORTH   CAROLINA.  297 

under  the  control  of  the  War  Department,  and  that  Executive  order 
of  November  16,  1884,  be  modified  so  that  the  Statue  of  Liberty  and 
its  surroundings  shall  be  cared  for  by  the  War  Department. 

WOODLAWN    NATIONAL    CEMETERY. 

This  cemetery  contains  an  area  of  2.36  acres  of  land  and  is  situated 
at  Elmira,  in  Chemung  County. 

Title. — Deed  from  the  city  of  Elmira  to  the  United  States,  dated 
June  26,  1877,  conveying  above  tract.  Deed  recorded  in  book  No.  69, 
page  604,  etc.,  of  the  records  of  deeds  in  the  Chemung  County  clerk's 
office. 

NORTH  CAROLINA. 

BEACON    ISLAND. 

This  reservation  is  situated  inside  Ockrakoke  Inlet,  one  of  the  en- 
trances to  Pamlico  Sound,  near  the  mouth  of  the  Neuse  River,  in 
Cartaret  County,  and  comprises  the  entire  island. 

Title. — Deed  from  John  G.  Blount  and  John  Wallace,  dated  Sep- 
tember 9,  1799,  conveying  said  island  as  lying  in  Carteret  County. 
Recorded  in  book  O,  page  129,  of  the  deed  records  of  said  county. 

Jurisdiction. — Ceded  to  the  United  States  by  acts  of  the  State  leg- 
islature, ratified  July  18, 1794,  and  December  25, 1813,  which  provide 
as  follows: 

Whereas  the  Congress  of  the  United  States  have  passed  an  act  to  provide  for 
the  defence  of  certain  ports  and  harbors  in  the  United  States,  in  which  is  com- 
prised Cape  Fear  river  and  Occacock  inlet,  and  also  an  act  to  erect  a  light-house 
on  the  headland  of  Cape  Hatteras ;  and  whereas  it  is  expedient  that  the  United 
States  should  have  the  exclusive  jurisdiction  of  a  sufficient  quantity  of  land  on 
which  said  forts  and  light-houses  shall  be  erected : 

1.  Be  it  enacted,  etc.,  That  part  of  the  public  ground  laid  off  by  the  commis- 
sioners of  Smithville,  for  a  fort  on  Cape  Fear  river,  including  part  of  the  ground 
whereon  Fort  Johnson  formerly  stood,  with  the  exclusive  jurisdiction  thereof, 
shall  be  and  the  same  is  hereby  ceded  to  the  United  States  of  America,  under 
the  condition  hereinafter  mentioned. 

2.  And  be  it  further  enacted,  That  the  exclusive  jurisdiction  of  Beacon  island, 
in  the  harbor  of  Occacock,  and  four  acres  of  land  at  the  headland  of  Cape  Hat- 
teras, and  also  so  much  of  the  town  of  Smithville,  adjoining  Fort  Johnson,  as 
may  be  found  necessary  for  the  said  fort,  not  exceeding  six  acres,  shall  be  ceded 
and  stand  vested  in  the  United  States,  as  soon  as  the  proprietors  of  said  lands 
shall  convey  the  same  to  the  United  States. 

3.  And  be  it  further  enacted,  That  the  above-mentioned  lands  are  and  shall 
be  ceded  to  the  United  States,  upon  the  express  condition,  that  the  fortifications, 
light-houses,  and  beacons,  for  which  the  said  lands  are  ceded,  shall  be  erected 
within  three  years,  and  be  continued  and  kept  up  forever  thereafter  for  the 
public  use. 

4.  And  be  it  further  enacted,  That  nothing  herein  contained  shall  be  so  con- 
strued as  to  debar  or  hinder  any  of  the  officers  of  this  state  from  serving  any 
process,  or  levying  executions  within  the  limits  ceded  by  this  act  to  the  United 
States,  in  the  same  manner  and  to  the  same  effect  as  if  this  act  had  never  been 
made.     (Ratified  July  18,  1794.) 

Section  1,  act  of  December  25, 1813,  provides  for  condemnation,  etc. 

SEC.  2.  That  so  much  of  an  act  entitled  "An  Act  to  cede  to  the  United  States 
of  America  certain  lands  upon  the  condition  therein  mentioned,  as  cedes  Beacon 
Island,  and  four  acres  of  land  at  the  head  land  of  Cape  Hatters,"  as  relates  to 
Beacon  Island,  be,  and  the  same  is  hereby,  revived  and  declared  to  be  in  full 
force,  any  law  to  the  contrary  notwithstanding :  Provided  always,  and  upon  ex- 
press condition  that  a  fort  be  erected  upon  said  Island  by  the  United  States 


298  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

within  five  years  after  the  passing  of  this  act,  and  kept  np  forever  thereafter  for 
the  use  intended  by  the  erection  thereof. 

SEC.  3.  That  the  full  and  entire  sovereignty  and  jurisdiction  in  and  over  said 
land  as  may  be  laid  out  and  paid  for,  for  the  purpose  of  erecting  fortifications 
and  light-houses  under  and  by  virtue  of  this  Act,  on  or  before  the  first  day  of 
December,  1814,  be  ceded  absolutely  and  entirely  to  the  United  States,  who 
shall  have,  use,  and  exercise  exclusive  jurisdiction,  power  and  authority  < wi- 
the same  and  every  part  thereof. 

SEC.  4.  That  nothing  herein  contained  shall  be  so  constructed  as  to  debar 
or  hinder  any  of  the  officers  of  this  State  from  serving  any  process  or  levying 
executions  within  the  limits  which  may  be  laid  off  and  ceded  by  this  Act  to  the 
United  States,  in  the  same  manner  and  to  the  same  effect  as  if  this  act  hud 
never  been  made.  (Ratified  Dec.  25,  1813.) 

FORT  CASWELL. 

This  reservation  is  situated  about  2  miles  from  Southport  and  22 
miles  from  Wilmington,  in  Brunswick  County,  and  includes  a  por- 
tion of  Oak  Island,  with  metes  and  bounds  as  announced  in  G.  O. 
124,  W.  D.,  July  7, 1906.  Area,  about  2,750  acres. 

Title.— Deed  from  P.  R.  Dickinson  and  I.  M.  Van  Cleef,  dated 
October  12,  1825,  conveying  tract  by  metes  and  bounds. 

On  June  23,  1888,  two  small  tracts  on  this  reservation  were  trans- 
ferred to  the  Treasury  Department  for  a  life-saving  station  and  boat 
house,  subject  to  the  condition  that  when  needed  for  military  pur- 
poses the  same  shall  be  surrendered  to  the  War  Department. 

By  letter  of  June  9,  1891,  a  change  in  the  location  of  one  of  these 
tracts  was  authorized. 

Revocable  license. — October  25,  1905,  to  the  Department  of  Agri- 
culture to  erect  steel  tower  on  the  site  occupied  by  flag  staff  used  by 
Life-Saving  Service  officials  for  display  of  storm  warnings. 

Jurisdiction. — Ceded  to  the  United  States  by  an  act  of  the  State 
legislature,  ratified  December  26,  1825,  which  provides  as  follows: 

Whereas  the  Congress  of  the  United  States  have  passed  an  act  to  provide 
for  the  defence  of  the  River  Cape  Fear,  by  the  erections  of  proper  fortifications 
on  Oak  Island,  at  the  mouth  of  said  river ;  and  whereas  it  is  expedient  that  the 
United  States  should  have  the  exclusive  jurisdiction  of  said  Island,  on  which 
said  fortifications  shall  be  erected : 

Be  it  enacted,  etc.,  That  the  exclusive  jurisdiction  of  the  Island,  called  Oak 
Island,  lying  and  being  at  the  mouth  of  Cape  Fear  River,  or  of  so  much 
thereof  as  shall  be  purchased  by  the  United  States  for  the  purpose  of  erecting  a 
fortification,  shall  be  ceded  to  and  stand  vested  in  the  United  States,  as  soon  as 
the  proprietors  of  said  Island  shall  convey  the  same,  or  any  part  thereof  to  the 
United  States  for  the  purpose  aforesaid. 

II.  And  be  it  further  enacted,  That  the  above-mentioned  Island,  or  such  part 
thereof  as  shall  be  purchased  as  aforesaid,  is  and  shall  be  ceded  to  the  United 
States  upon  the  express  condition,  that  the  fortifications  for  which  said  land 
is  ceded,  shall  be  erected  within  ten  years,  and  be  continued  and  kept  up  forever 
thereafter  for  the  public  use. 

III.  And  be  it  further  enacted,  That  nothing  herein  contained  shall  be  so 
construed  as  to  debar  or  hinder  any  of  the  officers  of  this  State  from  serving 
any  kind  of  process  or  levying  executions  within  the  limits  ceded  by  this  act 
to  the  United  States,  in  the  same  manner,  and  to  the  same  effect,  as  if  this  act 
had  never  been  passed.     (Ratified  Dec.  26,  1825.) 

GUILFORD   COURTHOUSE  BATTLEFIELD  MONUMENT   SITE. 

This  reservation  is  situated  at  Guilford  Courthouse,  and  contains 
an  area  of  15,000  square  feet. 


NOKTH   CAROLINA.  299 

Title. — 1.  Deed  from  Guilford  Battleground  Co.,  dated  June  6, 
1911,  conveying  10,000  square  feet.  Recorded  in  book  230,  page  234, 
of  the  deed  records  of  Guilford  County. 

2.  Deed  from  same  company,  dated  December  10,  1914,  conveying 
5?000  square  feet.  Recorded  in  book  263,  page  475,  of  same  records. 

FORT  MACON. 

This  reservation  is  situated  at  "  Old  Topsail  Inlet,"  2  miles  from 
Beaufort  and  Morehead  City,  in  Carteret  County,  and  contains  an 
area  of  about  405  acres. 

Title. — 1.  Deed  from  Jonas  Small  and  Joseph  Davis,  dated  May 
1,  1810,  conveying  6  acres  and  118  square  perches  of  land.  Recorded 
in  book  P,  page  286,  of  the  deed  records  of  Carteret  County. 

2.  Certificate  from  J.  R.  Dunnell,  sheriff  of  Carteret  County,  and 
a  jury,  in  condemnation  proceedings,  to  the  United  States,  dated 
June  1,  1826,  conveying  Bogue  Banks,  containing  405.59  acres.  Re- 
corded in  book  T,  page  446,  of  same  records. 

Revocable  licenses. — The  Secretary  of  War  announced  May  15, 
1880,  that  general  fishing  privileges  were  extended  to  any  who  might 
desire  to  fish  on  the  beach,  provided  no  disturbance  or  damage  was 
created. 

May  15,  1914,  to  the  Commissioner  of  Fish  and  Fisheries  to  use  a 
tract  of  marsh  land  as  an  oyster  experimental  station. 

December  5,  1905,  to  Mr.  H.  D.  Goodwin,  Life-Saving  Service, 
for  small  shelter  house. 

February  23,  1907,  to  the  Treasury  Department  to  use  and  occupy 
a  site  upon  the  reservation  for  the  purposes  of  a  life-saving  station 
and  boathouse. 

Jurisdiction. — Ceded  to  the  United  States  by  acts  of  the  State 
legislature,  ratified  December  18,  1807,  and  January  4,  1826,  which 
provide  as  follows : 

Whereas  the  harbor  of  Old  Topsail  Inlet  is  at  present  in  an  unguarded  state, 
and  is  generally  nineteen  feet  water  on  the  bar  of  said  harbor,  which  renders  it 
necessary  that  the  United  States  should  have  the  jurisdiction  of  certain  land 
convenient  thereto,  in  order  that  a  fort  may  be  erected  thereon  for  the  defence 
of  the  said  port  and  harbor ; 

1.  Be  it  enacted,  etc.,  That  five  acres  of  land,  in  the  county  of  Carteret,  on  the 
west  side  and  adjoining  Old  Topsail  Inlet,  be,  and  the  same  is  hereby  ceded  to  the 
United  States  of  America,  for  the  purpose  of  erecting  a  fort  thereon  for  the 
defence  of  the  said  port  and  harbor. 

2.  And  be  it  further  enacted,  That  Bryant  Helen,  Jeconias  Pickens,  and  James 
Stanton  be,  and  they  are  hereby,  appointed  commissioners  to  survey,  lay  off  and 
mark  the  boundaries  of  the  said  five  acres,  and  shall  return  a  correct  plan 
thereof  to  the  office  of  the  secretary  of  state ;  and  the  said  plan  so  by  them  re- 
turned, shall  be  deemed  full  and  sufficient  evidence  of  the  boundaries  aforesaid : 
Provided,  that  the  land  ceded  by  virtue  of  this  act  is  subjected  to  the  follow- 
ing condition:  That  the  said  fort  shall  be  erected  thereon  within  three  years 
from  the  passing  thereof,  and  provided  also,  that  nothing  herein  contained,  shall 
be  construed  to  debar  any  of  the  officers  of  this  state  from  serving  any  process 
or  levying  executions  within  the  limits  ceded  by  this  act,  in  the  same  manner 
and  to  the  same  effect,  as  if  this  act  had  never  been  passed.     *     *     *     (Ratified 
Dec.  18,  1807.) 

1.  Whereas  the  Congress  of  the  United  States  have  passed  an  act  to  provide 
for  the  defence  of  Old  Topsail  Inlet  in  this  State  by  the  erection  of  proper 
fortifications  at  Bogue  Banks  ;  and  whereas  it  has  been  suggested  that  difficulties 
have  been  experienced  by  the  United  States  in  procuring  proper  titles  to  the 
sites  required  and  whereas  it  is  also  expedient  that  the  United  States  should  have 
the  exclusive  jurisdiction  of  said  site  on  which  said  fortifications  shall  be  erected. 


300  UKITED  STATES   1OIJTABY   BBSERVAT 1 0  N  > .  ETC. 

That  the  exclusive  jurisdiction  of  a  certain  tract  of  land  called  Rogue 
Banks,  hutted  and  hounded  as  It:  Rocir  point  on 

Atlantic  shore,  thence  a  lino          \          ..:ul  South  will  touch  tl 
of  a  line  extending  west  two  thousand  seven  hundred  and  nil 
a  point  at  the  ast  end  . 

R       h  across  Bogue  Banks  four  hundred  and  eighteen  yards  till  it  moot- 
water's  edge,  theiiv  rdlv  following  the  -.is:  Creek,  and 

along  the  shore  to  the  extreme  eastern  point  of  Bogue  Banks,  thence  round 
point  along  the  Atlantic  Ocean  .ly  to  the  boginnin*:  containing  four 

hundred  and  five  acres  and  fifty-nine  huudreilths.  m  and 

stand  vested  in  the  -  -aid  land  shall 

convey  the  same  to  the  Unito    -  te  proprietors  shall 

convey,  or  be  unknown,  thev  .  laid  off 

and  valued  as  hereinafter  shall  be  diiv  to  the  pr 

proprietors  of  the  fisheries  the  right  of  fishing  upon  said  IV 
by  tliem, 

3.  That  should  the  owner  w  -  id  land  be  unknown  or  refuse  to  soil 
the  same  for  a  fair  price  and  the  United  s        -  ^  all  by  their  attorn. 
District  of  North  Carolina  file  with  his  Excellency  the  Governor  of 

a  suggestion  in  writing,  setting  forth  -:.re  to  ol>: 

tion  of  fortifieatio:  *ueh 

suggestion  the  situation  of  such  site  and  the  : 

known,  it  shall  be  the  duty  of  the  Governor  forthwith  to  transmit 
such  suggestion  to  one  of  th«  'f  the  Superior  Courts  of  Law  and  Kquity 

of  this  State  who  shall  on  receipt  thereof  >  the 

Sheriff  of  the  County  in  which  site  so  required  is  situated  commanding  him  to 
summon  twenty-four  freeholders  of  his  County  to  apivar  on  the 
day  certain,  from  which  he  shall  draw  by  lot  a  jury  of  eighteen  ivrsons  entirely 
unconnected  with  the  owner  or  o\\  ri\  by  the 

Sheriff  or  his  lawful  deputy,  either  of  whom  is  hereby  authorised   an-! 
powered  to  administer  the  oath  to  the  said  jurors  truly  and  impartially  to  value 
lay  off  and  allot  to  the  Vur       States  f  land  aforesaid  under 

their  hands  and  seals  in  the  presence  of  such  Sheriff  or  his  lawful  deputy  who 
shall  deliver  the  said  writ  of  venire  facias  with  his  return  thereon  and  the  r 
of  the  jury  under  their  hand-  thin  ton  days  thereafter  to  the  public 

register  of  the  County  in  whic!  e  and  lands  lie  who  shall  forthwith 

register  the  same  in  the  records  of  his  office:  and  thereupon  the  I'ni: 
shall  on  payment  of  the  valuation  to  the  person  or  ivr^ons  to  whom  such 
belong,  or  if  such  person  or  persons  refuse  to  accept  the  sumo,  or  be  unki. 
on  payment  of  the  same  into  the  public  Treasury  of  this  State,  tl 
the  order  or  demand  of  the  rightful  *  the  pu 

mentioned  in  this  act:  Proridcd  Attcays  and  Upon  Efpre**  Condition,  That 
site  for  the  purpose  of  erecting  fortifications  and  the  annexed  land  laid  «>ft  and 
allotted  a>  mentioned  shall  he  vithin  fir  tor  the 

of  such  petition,  and  he  and  occupied  continuously  tV.  -uch  pur- 

poses; otherwise  such  site  and  annexed  land  shall  r<  vate. 

4.  That  nothing  herein  contained  shall  be  so  construed  as  to  debar  or  hinder 
any  of  the  officers  of  this  State  from  - 

within  the  limits  ceded  by  this  act  to  the  Unite*  the  same  manner  and 

to  the  same  effect  as  if  this  act  had  never  been  made.    ( Ratified  Jan.  4 

MILITI\  T\Ki;FT  RAN<      B, 

Dunn. — Tliis  range  is  situated  in  Sampson  County  and  compi 
an  area  of  7.7  acres,  more  or  1 

•^.—1.  Deed  from  Y.  P.  Tart  and  wife  and  Tlunn:i>  II.  Wel.b. 
mortgagee,  dated  March  .  convex  'inn  1  in 

book  270,  page  29,  office  of  the  register  of  deeds  of  Sum] 

2.  Deed  from  E.  H.  Jernigan  and  wife,  dated  March  _T.  191 

>f  an  acre  more  or  less.    Recorded  in  deed  bo. 
36*  of  same  records. 

Moreliead  City. — Thi  'mated  in  Carteret  County,  and 

comprises  an  area  of  aboi; 


NORTH   CAROLINA.  301 

Title.— I.  Deed  from  Kilby  Oglesby  et  al.,  dated  August  4,  1906, 
(;onvc,yin<r  1 1.7  acreg.  Recorded  in  book  7,  page  4£8,  office  of  register 
of  deeds.  Carteret  County. 

•2.  Deed  from  John  C.  Banks  et  al.,  dated  August  14,  1906,  convey- 
ing lo.4  acn-s.  Kcronlcd  in  book  7,  page  427.  of  same  records. 

:i.  Deed  from  John  C.  Banks  et  ux..  dated  July  13,  1908,  convey- 
ing about  one-half  acre.  Recorded  in  book  8,  page  146,  of  same 
records. 

NEWBERN   NATIONAL  CEMETERY. 

This  reservation  is  situated  at  Newbern,  in  Craven  County,  and  con- 
tains an  area  of  7.69  acres. 

Title. — 1.  Deed  from  William  P.  Moore  and  wife,  dated  March  13, 
.  Conveying  7.589  acres  of  land.  Recorded  in  book  No.  69,  folio 
oii.'J.  of  tin;  deed  records  of  Craven  County. 

2.  Deed  from  Isaac  N.  Hughes  and  wife,  dated  July  1,  1874,  con- 
veying an  additional  strip  of  land.    Recorded  in  book  75,  folio  344, 
etc.,  of  same  records. 

3.  Deed  of  release  from  Murray,  Ferris  &  Co.,  dated  November  8, 
1 809,  conveying  interest  in  premises  conveyed  by  Hughes.    Recorded 
in  hook  No.  70.  folio  233.  etc.,  of  same  records. 

4.  Deed  from  the  city  of  Newbern,  dated  November  26,  1888,  con- 
veying right  of  way  60  feet  wide  from  said  city  to  the  cemetery. 
Recorded  in  book  182,  folio  269,  of  same  records. 

Revocable  licenses. — October  11, 1906,  to  the  John  L.  Roper  Lumber 
Co.,  Norfolk,  Va.,  to  cross  the  Government  approach  roadway  with 
a  railroad  track. 

October  1,  1907,  to  the  Oaks  Manufacturing  Co.,  Newbern,  N.  C., 
to  cross  said  roadway  with  a  railroad  track. 

October  26,  1912,  to  the  Suburban  Improvement  Co.,  Newbern, 
N.  C.,  to  lay  and  maintain  a  concrete  sidewalk  on  the  north  side  of 
said  roadway  for  a  distance  of  approximately  1,200  feet. 

April  12,  1913,  to  same  company  to  construct  and  maintain  water 
and  sewer  mains  on  the  east  side  of  said  roadway. 

November  8, 1913,  to  the  Home  Telephone  &  Telegraph  Co.  to  erect 
poles  and  string  wires  thereon  along  said  roadway. 

September  2,  1915,  to  William  T.  Hill  et  al..  to  lay  sewer  and  water 
pipes  across  said  roadway  at  Riverview. 

Jurisdiction. — Ceded  to  the  United  States  by  the  following  act  of 
the  State  legislature  of  March  28,  1870: 

Whereas  the  government  of  the  United  States  of  America  has  purchased  for 
use  as  a  national  cemetery  a  certain  piece  or  parcel  of  land  in  Craven  county, 
bounded  and  described  as  follows,  to  wit :  *  *  *  containing  seven  and  five 
hundred  and  eighty-nine  thousandths  acres ;  and  whereas  it  is  expedient  that  the 
United  States  should  have  exclusive  jurisdiction  of  the  land  described  above  and 
used  as  aforesaid;  Therefore — 

SKCTION  1.  The  General  Assembly  of  North  Carolina,  do  enact,  That  the  ex- 
clusive jurisdiction  of  the  seven  acres,  five  hundred  and  eighty-nine  thousandths 
of  an  acre  of  land  in  Craven  county,  and  used  as  a  national  cemetery,  shall  be 
ceded  and  is  hereby  vested  in  the  United  States  upon  condition  that  the  said 
national  cemetery  be  continued  and  kept  up. 

SEC.  2.  That  nothing  herein  contained  shall  be  so  construed  as  to  debar  or 
hinder  any  of  the  officers  of  this  State  from  levying  any  process  or  levying  execu- 
tion within  the  limits  over  which  jurisdiction  is  by  this  act  ceded  to  the  United 
States,  in  the  same  manner  and  to  the  same  effect  as  if  this  act  had  never  been 
passed.  (Ratified  Mar.  28,  1870.) 


302  UKITED   STATES   MILITARY   RESERVATIONS,  ETC. 

RALEIGH   NATIONAL   CEMETERY. 

This  reservation  is  situated  at  Raleigh,  in  Wake  County,  and  con- 
tains an  area  of  7.83  acres. 

Title. — Deed  from  the  State  of  North  Carolina,  dated  January  17, 
1871,  conveying  entire  tract.  Recorded  in  book  38,  page  83,  of  the 
deed  records  of  Wake  County. 

Jurisdiction. — Ceded  to  the  United  States  by  the  following  act  of 
the  State  legislature  of  April  10, 1869 : 

SECTION  1.  The  General  Assembly  of  North  Carolina  do  enact,  That  the  Gov- 
ernor of  this  State  be,  and  he  is  hereby,  authorized  and  directed  to  grant  or  cede, 
in  behalf  of  the  State,  to  the  United  States  of  America,  a  certain  parcel  of  land, 
situated  in  the  county  of  Wake,  the  same  being  a  rectangular  tract  of  land,  five 
hundred  and  twenty-four  (524)  feet  in  width,  and  bounded  on  the  north  by  land 
owned  by  B.  F.  Moore,  on  the  east  by  the  land  owned  by  J.  P.  H.  Russ,  and  on 
the  south  and  west  by  land  owned  by  this  State. 

Stec.  2.  That  this  grant  is  made  in  consideration  of  the  United  States  occupying 
this  parcel  of  land  herein  directed  to  be  granted  as  a  National  Cemetery ;  and 
whenever  it  shall  cease  to  be  used  for  such  purposes,  the  title  to  the  same  shall 
revert  to  this  State. 

SEC.  3.  That  nothing  herein  contained  shall  be  so  construed  as  to  debar  or 
hinder  any  of  the  officers  of  this  State  from  suing  any  process  or  levying 
executions  within  the  limits  of  this  act,  ceded  to  the  United  States  in  same  man- 
ner and  to  the  same  effect  as  if  this  act  had  never  been  passed.  (Ratified  Apr. 
10,  1869.) 

SALISBTJRY   NATIONAL   CEMETERY. 

This  reservation  is  situated  at  Salisbury,  in  Rowan  County,  and 
contains  an  area  of  about  6  acres. 

Title. — 1.  Deed  from  Joseph  Horah  and  wife,  dated  January  7, 
1870,  conveying  3  acres  3  roods  and  10  poles  of  land.  Recorded  in 
book  45,  page  553,  of  the  deed  records  of  Rowan  County. 

2.  Deed  from  Joseph  Horah  and  wife,  dated  January  7,  1874,  con- 
veying 4,882  square  feet  of  land.     Recorded  in  book  No.  47,  page  553, 
of  the  same  records. 

3.  Deed  from  M.  B.  McCanless  and  wife,  dated  March  5, 1907,  con- 
veying strip  of  land  for  right  of  way.     Recorded  in  liber  112,  page 
466,  of  same  records. 

4.  Deed  from  the  same,  dated  November  28,  1907,  conveying  ease- 
ment for  slopes,  fills,  and  drainage  ditch  of  Government  roadway. 
Recorded  in  liber  116,  page  117,  of  same  records. 

5.  Deed  from  the  same,  dated  March  10,  1909,  conveying  land  ad- 
joining Government  road  for  the  construction  of  a  sidewalk.     Re- 
corded in  liber  119,  page  320,  of  same  records. 

Revocable  licenses. — August  20, 1908,  to  the  city  of  Salisbury,  N.  C., 
to  lay  and  maintain  water  and  sewer  pipes  along  Government  road- 
way leading  to  cemetery. 

May  9, 1910,  to  C.  A.  Montgomery  to  construct  and  maintain  cross- 
ing over  sidewalk  on  the  east  side  of  said  roadway. 

August  20,  1913,  to  H.  E.  Walser  to  construct  driveway  across 
said  roadway  in  front  of  his  premises. 

October  28,  1913,  to  J.  F.  Rulfs  to  construct  driveway  across  side- 
walk and  roadway. 

October  28,  1913,  to  the  Salisbury  Water  Works  to  tap  2-inch 
water  pipe  extending  along  said  roadway  for  the  purpose  of  sup- 
plying water  to  property  of  J.  F.  Rulfs. 


NORTH    CAROLINA.  303 

January  31,  1914,  to  the  Salisbury  Water  Works  to  tap  2-inch 
water  pipe  extending  along  said  roadway  for  the  purpose  of  supply- 
ing water  to  colored  school. 

July  19,  1914,  to  the  North  Carolina  Public  Service  Co.  to  place 
seven  electric  light  poles  along  said  roadway  and  to  string  and  main- 
tain wires  thereon. 

Jurisdiction. — Ceded  to  the  United  States  by  the  following  act  of 
the  State  legislature  of  February  10,  1872 : 

SECTION  1.  The  General  Assembly  of  North  Carolina  do  enact,  That  it  shall 
be  lawful  for  the  government  of  the  United  States,  or  any  person  under  authority 
of  the  same,  to  purchase  a  tract,  piece,  or  parcel  of  land  in  the  county  of  Rowan 
and  State  of  North  Carolina,  now  occupied  as  a  national  cemetery;  Provided, 
Said  tract  or  parcel  of  land  shall  not  exceed  ten  acres. 

SEC.  2.  That  all  deeds  conveyances  or  other  title  paper  for  the  same  shall 
be  recorded  as  in  other  cases  in  the  office  of  the  register  of  deeds  in  which  the 
lands  so  conveyed  may  lie,  in  the  same  manner  and  under  the  same  regulations 
as  other  deeds  and  conveyances  are  now  recorded,  and  in  like  manner  may  be 
recorded  a  sufficient  description  by  metes  and  bounds,  courses  and  distances, 
of  any  tract  or  tracts  or  legal  division  of  any  public  land  belonging  to  the 
United  States,  which  may  be  set  apart  by  the  general  government  for  the  pur- 
pose before  mentioned  by  an  order,  patent  or  other  official  document  or  papers 
so  describing  such  land. 

SEC.  3.  That  the  said  lot  or  parcel  of  land,  together  with  the  tenements  and 
appurtenances  for  the  purpose  before  [mentioned,  shall  be  exempt  from  taxa- 
tion by  the  State  of  North  Carolina. 

SEC.  4.  That  nothing  herein  contained  shall  be  so  construed  as  to  bar  or 
hinder  any  of  the  officers  of  this  State  from  executing  any  process  or  levying 
an  execution  within  the  limits  of  said  tract  or  parcel  of  land  so  held  and  pur- 
chased by  the  government  of  the  United  States,  in  the  same  manner  as  if  this 
act  had  never  been  passed.  (Ratified  Feb.  10,  1872.) 

WILMINGTON  NATIONAL  CEMETERY. 

This  reservation  is  situated  at  Wilmington,  in  New  Hanover 
County,  and  contains  an  area  of  5  acres. 

Title — 1.  Deed  from  Isaac  D.  Ryttenberg,  dated  February  20, 1867, 
conveying  5  acres  of  land.  Recorded  in  book  C  C  C,  page  22,  etc., 
of  the  deed  records  of  New  Hanover  County. 

2.  Deed  from  William  A.  Wright  and  wife,  dated  December  10, 
1877,  conveying  a  tract  therein  described.  Recorded  in  book  N  N  N, 
page  804,  etc.,  of  same  records. 

Jurisdiction. — Ceded  to  the  United  States  by  the  following  act  of 
the  State  legislature  of  January  22,  1875 : 

SECTION  1.  The  General  Assembly  of  North  Carolina  do  enact,  That  it  shall 
be  lawful  for  the  government  of  the  United  States,  or  any  person  under  author- 
ity of  the  same,  to  purchase  a  tract,  piece  or  parcel  of  land  situated  near  the 
eastern  boundary  of  the  city  of  Wilmington,  North  Carolina,  containing  five  (5) 
acres,  and  adjoining  the  lands  of  Benjamin  White  and  others,  *  *  *  now 
occupied  as  a  National  Cemetery ;  Provided,  Said  tract  or  parcel  of  land  shall 
not  exceed  ten  acres. 

SEC.  2.  That  all  deeds,  conveyances  or  other  like  papers  for  the  same  shall  be 
recorded  as  in  other  cases  in  the  office  of  register  of  deeds  ii.  which  the  lands 
so  conveyed  may  lie,  in  the  same  manner  and  under  the  Lame  regulations  as 
other  deeds  and  conveyances  are  now  recorded,  and  in  like  manner  may  be 
recorded  a  sufficient  description  by  metes  and  bounds,  courses  and  distances  of 
any  tract  or  tracts  or  legal  divisions  of  any  public  land  belonging  to  the  United 
States,  which  may  be  set  apart  by  the  general  government  for  the  purpose  be- 
fore mentioned  by  an  order,  patent  or  other  official  documents  or  papers  so 
describing  such  land. 

12925°— 16 20 


304  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

SEC.  3.  That  the  said  lot  or  parcel  of  land,  together  with  the  tenements  and 
appurtenances  for  the  purpose  before  mentioned,  shall  be  exempt  from  taxation 
by  the  State  of  North  Carolina. 

SEC.  4.  That  nothing  herein  contained  shall  be  so  construed  as  to  bar  or 
hinder  any  of  the  officers  of  this  State  from  executing  any  process  or  levying  an 
execution  within  the  limits  of  said  tract  or  parcel  of  land  so  held  and  purchased 
by  the  government  of  the  United  States,  in  the  same  manner  as  if  this  act  had 
never  been  passed.  (Ratified  Jan.  22,  1875.) 

NORTH  DAKOTA. 

GENERAL  ACT  OF  CESSION. 

Be  it  enacted  etc.,  Jurisdiction  is  hereby  ceded  to  the  United  States  over  any 
tract  of  land  that  may  hereafter  be  acquired  by  the  United  States,  on  which 
to  establish  a  military  post ;  Provided,  legal  process,  civil  and  criminal,  of  this 
State  shall  extend  over  such  reservation  or  lands  acquired  by  the  United  States 
to  establish  a  military  post  in  all  cases  in  which  exclusive  jurisdiction  is  not 
vested  in  the  United  States,  or  of  crimes  not  committed  within  the  limits  of 
such  reservation.  (Approved  Mar.  19,  1895.  Revised  Codes  of  North  Dakota, 
1905,  sec.  4.) 

FORT   LINCOLN. 

This  reservation  is  situated  near  the  city  of  Bismarck  in  Burleigh 
County,  and,  including  a  target  range  of  144.27  acres,  contains  a 
total  area  of  899.17  acres. 

Title. — 1.  Executive  order,  dated  May  17, 1899,  as  amended  August 
31,  1899,  June  8, 1901,  and  January  17,  1907,  reserving  certain  public 
lands  for  military  purposes. 

2.  Deed  from  Wm.  J.  Johnston  and  wife,  dated  February  15,  1898, 
conveying  35  acres.    Recorded  in  book  78,  page  38,  of  the  records  of 
Burleigh  County. 

3.  Deed  from  Richard  B.  Mellon  and  wife,  dated  June  18,  1898, 
conveying  53J  acres.    Recorded  in  book  78.  page  70,  of  same  records. 

4.  Deed  from  Thomas  Mellon  and  wife,  dated  June  18,  1898,  con- 
veying 80  acres.    Recorded  in  book  78,  page  83,  of  same  records. 

5.  Deed  from  Richard  B.  Mellon  and  wife  et  al.,  dated  June  18, 
1898,  conveying  480  acres.    Recorded  in  book  78,  page  69,  of  same 
records. 

6.  Deed  from  F.  M.  Kinter,  trustee,  etc.,  dated  January  23,  1899, 
conveying  25  acres.    Recorded  in  book  79,  page  332,  of  same  records. 

7.  Deed  from  Wm.  J.  Johnston,  dated  February  8,  1899,  conveying 
35  acres.    Recorded  in  book  51,  page  522,  of  same  records. 

The  following  deeds  convey  the  site  for  target  range : 

8.  Deed  from  John  Harcourt  and  wife,  dated  May  26,  1896.  con- 
veying 80  acres.    Recorded  in  book  78,  page  36,  of  same  records. 

9.  Deed  from  William  J.  Johnston  and  wife,  dated  June  12.  1896, 
conveying  above  80  acres.    Recorded  in  book  78,  page  37,  of  same 
records. 

10.  Deed  from  F.  M.  Kinter,  trustee,  dated  March  2,  1898,  convey- 
ing 25  acres.    Recorded  in  book  79,  page  139,  of  same  records. 

11.  Deed  from  Samuel  E.  Kilner  et  al.,  trustees,  etc.,  dated  Janu- 
ary 31,  1899,  conveying  39.37  acres.    Recorded  in  book  79,  page  364, 
etc.,  of  same  records. 

12.  Deed  from  Elizabeth  J.  Harcourt,  dated  February  3,   1899, 
conveying  80  acres   (same  tract  mentioned  in  deed  No.  7  herein). 
Recorded  in  book  — ,  page  523,  of  same  records. 


O-JLCHJUJLC/     J-A.     J.*.\j\jll\;J      ^W     d-A.    «      J.fAM-J'       t^,     J.^t/W  ,      IL/V/V7JV      I  I/,     J-'^to^     ^/-LC 

J)  Charles  H.  Beers;  April  13, 1899;  book  79,  page  383,  etc. 
(3)  Fred.  P.  Hanson,  trustee;  April  13,  1899;  book  79,  page  387, 


NORTH  DAKOTA.  305 

The  United  States  has  an  easement  in  the  lands  lying  along  a  line 
extending  from  the  southeast  corner  of  section  15,  in  a  southeasterly 
direction  through  section  23,  township  138  north,  range  80  west,  of 
the  5th  principal  meridian,  to  Apple  Creek,  and  thence  by  and  with 
that  creek  to  the  Missouri  River,  excepting  so  much  thereof  as  falls 
within  lots  11  and  13  of  section  34,  township  138  north,  range  £0 -west, 
of  the  5th  principal  meridian ;  and  lots  2,  3,  and  4  of  section  10,  town- 
ship 137  north,  range  80  west  of  the  5th  principal  meridian,  to  which 
lots  the  United  States  has  title,  the  same  having  been  set  apart  for 
military  purposes  as  stated  above. 

13.  Deeds  conveying  right  of  way  for  sewer,  the  names  of  the 
grantors,  the  date  of  each  deed,  and  the  place  of  record  being  as 
follows : 

(1)  Hattie  E^Keeney  et  al.;  May  3,  1898;  book  79,  page  215. 

d 

etc. 

14.  Deeds  conveying  the  right  to  use  and  employ  Apple  Creek  for 
sewer  purposes,  the  names  of  the  grantors,  the  date  of  each  deed,  and 
the  place  of  record  being  as  follows : 

(1)  Edwin  H.  McHenry  and  Frank  G.  Bigelow,  receivers;  Decem- 
ber 22, 1897;  book  79,  page  141. 

(2)  Philias  P.  Gendreau;  February  1,  1898;  book  79,  page  213. 

(3)  Henry  E.  Falconer;  April  26,  1898;  book  79,  page  217. 

'4)  Hattie  H.  Keeney  et  al. ;  May  3, 1898 ;  book  79,  page  337,  etc. 
'5)  Frank  W.  Hanitch;  May  21, 1898;  book  79,  page  219. 

(6)  John  Yegen;  June  10, 1898;  book  79,  page  214. 

(7)  Millie  G.  Thompson  and  husband;  June  16,  1898;  book  79, 
page  223. 

(8)  Charles  A.  Swenson ;  June  16, 1898 ;  book  79,  page  211. 

(9)  Thomas  W.  Asbridge;  June  18,  1898;  book  79,  page  210. 

(10)  Edward  M.  Paxson;  June  24,  1898;  book  79,  page  220. 

(11)  Daniel  A.  Falconer;  June  30,  1898;  book  79,  page  221. 

(12)  Norman  Falconer;  June  30,  1898;  book  79,  page  222. 

(13)  Germain  Chabot;  July  23,  1898;  book  79,  page  323. 

(14)  Robert  Cook;  July  13,  1898;  book  79,  page  225. 

(15)  John  R.  Wilson;  January  24,  1899;  book  79,  page  334. 

(16)  Millie  G.  Thompson  and  W.  H.  Thompson;  February  4, 
1899;  book  79,  page  341,  etc. 

(17)  Charles  H.  Beers;  April  13,  1899;  book  79,  page  381,  etc. 

(18)  Fred.  P.  Hanson;  April  13,  1899;  book  79,  page  385,  etc. 

(19)  Cleman  Clooten;  April  15,  1898;  book  79,  page  218. 

(20)  Thomas  Asbridge;  April  15, 1899;  book  79,  page  389. 

(21)  John  R,  Wilson;  June  16,  1898;  book  79,  page  212. 

(22)  Henry  H.  Bentley;  August  17,  1899;  book  79,  page  480. 

15.  Deeds  conveying  an  easement  for  10-inch  water  main  for  sup- 
plying water  to  the  military  post,  the  names  of  the  grantors,  the  date 
of  each  deed,  and  the  place  of  record  being  as  follows : 

(1)  Henry  Suttle;  October  25, 1905;  book  85,  page  333. 

(2)  Harriet  L.  Smith  et  al.;  January  31,  1906;  book  10,  page  629. 
Mart  B.  Koon;  March  7,  1906;  book  85,  page  332. 

Fred  Strauss;  June  8,  1906;  book  84,  page  98. 
Ellen  Freede;  June  9, 1906;  book  84,  page  97. 


v 

I; 


\"/ 

18 


306  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

(6)  Elizabeth  M.  Suttle;  June  9,  1906;  book  85,  page  387. 

Revocable  licenses. — June  9,  1902,  to  the  Northern  Pacific  Railway 
Co.,  to  construct  and  operate  a  spur  track  on  the  reservation. 

December  20,  1902,  to  the  Bismarck  Telephone  &  Electric  Co.,  to 
maintain  a  telephone  line  connecting  the  post  with  the  city  of  Bis- 
marck (authorized  by  the  Quartermaster  General). 

September  13,  1907,  to  rector  of  St.  Marys  Church,  Bismarck, 
N.  Dak.,  to  connect  school  building  with  Government  water  main. 

May  9,  1914,  to  the  Bismarck  Council  of  the  Boy  Scouts  of  Amer- 
ica to  occupy  lots  11  and  13,  section  34,  township  138  north,  range 
80  west,  within  the  reservation. 

Jurisdiction. — See  "  General  act  of  cession." 

MILITIA  TARGET  RANGE. 

This  range  is  situated  near  the  city  of  Grand  Forks,  in  Bloom- 
ing Township,  Grand  Forks  County,  and  comprises  the  N.  ^  SE.  J 
and  S.  J  SW.  J,  sec.  14;  the  E.  \  NE.  J  and  SE.  J,  sec.  22;  the  N.  \ 
SW.  J,  sec.  23;  the  W.  \  NE.  J  and  the  NE.  J  NW.  J,  sec.  27,  T.  152 
N.,  R.  52  W.,  fifth  principal  meridian,  North  Dakota. 

Title. — Reserved  for  military  purposes  for  use  of  the  Organized 
Militia  of  North  Dakota  as  a  target  range,  subject  to  any  existing 
valid  entries  or  claims  of  any  person  or  persons  to  said  lands,  by 
Executive  order  of  November  30,  1915  (No.  2275). 

OHIO. 

GENERAL  ACT  OF  CESSION. 

Be  it  enacted,  etc., 

SECTION  1.  That  the  consent  of  the  state  of  Ohio  is  hereby  given  in  accordance 
with  the  seventeenth  clause,  eighth  section,  of  the  first  article  of  the  constitu- 
tion of  the  United  States,  to  the  acquisition  by  the  United  States,  by  purchase. 
condemnation,  or  otherwise,  of  any  land  in  this  state  required  for  sites  for 
custom  houses,  court  houses,  post  offices,  arsenals,  or  other  public  buildings 
whatever,  or  for  any  Other  purposes  of  the  government. 

SECTION  2.  That  exclusive  jurisdiction  in  and  over  any  land  so  acquired  by 
the  United  States  shall  be,  and  the  same  is  hereby,  ceded  to  the  United  States, 
for  all  purposes  except  the  service  upon  such  sites  of  all  civil  and  criminal 
process  of  the  courts  of  this  state ;  but  the  jurisdiction  so  ceded  shall  continue 
no  longer  than  the  said  United  States  shall  own  such  lands. 

SECTION  3.  The  jurisdiction  ceded  shall  not  vest  until  the  United  States  shall 
have  acquired  the  title  to  the  said  lands  by  purchase,  condemnation  or  other- 
wise; and  so  long  as  the  said  lands  shall  remain  the  property  of  the  United 
States  when  acquired  as  aforesaid,  and  no  longer,  the  same  shall  be  and  con- 
tinue exempt  and  exonerated  from  all  state,  county  and  municipal  taxation, 
assessment  or  other  charges  which  may  be  levied  or  imposed  under  the  au- 
thority of  this  state.  (Passed  May  6,  1902.  Laws  of  Ohio,  1902,  p.  368.) 

CAMP  CHASE  CEMETERY. 

This  reservation  is  situated  near  Columbus,  in  Franklin  County. 
It  is  a  burial  place  of  Confederate  dead,  and  contains  an  area  of  24 
acres.  The  purchase  was  made  under  authority  of  an  act  of  Congress 
approved  February  25,  1879  (20  Stat,  321). 

Title. — Deed  from  William  J.  Marshall  et  al.,  executors,  etc.,  dated 
April  23,  1879,  conveying  2J  acres  of  land.  Recorded  in  volume  141. 
page  528,  etc..  of  the  deed  records  of  Franklin  County. 

Jurisdiction. — See  "  General  act  of  cession." 


OKLAHOMA.  307 

CEMETERY  LOT  NEAR  CINCINNATI. 

This  lot  is  situated  near  Cincinnati,  on  the  site  formerly  known  as 
Camp  Dennison,  in  Hamilton  County,  and  contains  an  area  of  0.628 
of  an  acre. 

Title. — Deed  from  Rebecca  E.  J.  Kugler,  dated  June  3,  1869,  con- 
veying above  tract.  Recorded  in  book  No.  428,  page  297,  of  the  deed 
records  of  Hamilton  County. 

Jurisdiction. — See  "  General  act  of  cession." 

COLUMBUS  BARRACKS. 

This  reservation  is  situated  within  the  corporate  limits  of  the  city 
of  Columbus,  in  Franklin  County,  and  contains  an  area  of  about  70 
acres,  excluding  the  lands  dedicated  for  street  purposes.  See  G.  O., 
92,  W.  D.,  May  16, 1906,  for  metes  and  bounds. 

Title.— Deed  from  Robert  Neil  and  wife,  dated  February  17,  1863. 
conveying  77  acres  3  roods  and  8  perches  of  land.  Recorded  in  volume 
76,  page  572,  etc.,  of  the  deed  records  of  Franklin  County. 

Deed,  June  4, 1903,  dedicating  to  the  city  of  Columbus  the  portions 
of  the  reservation  comprised  in  the  streets  and  highways  bordering 
thereon,  pursuant  to  joint  resolution  of  Congress,  approved  Febru- 
ary 10,  1903  (32  Stat.,  1230). 

Jurisdiction. — Ceded  to  the  United  States  by  an  act  of  the  State 
legislature,  approved  March  21, 1863,  which  reads  as  follows: 

Whereas,  The  United  States  have  appropriated  money  for  the  establishment 
of  a  national  arsenal  at  Columbus,  in  the  County  of  Franklin  and  State  of 
Ohio,  for  the  deposit  and  repair  of  arms  and  other  munitions  of  war,  and  for 
other  purposes  of  a  public  nature : 

SECTION  1.  Be  it  enacted,  etc.,  That  jurisdiction  of  the  lands  and  their  appur- 
tenances, that  have  been  or  may  be  purchased  in  said  county  of  Franklin  for 
the  establishment  of  the  aforesaid  arsenal,  be  and  is  hereby  ceded  to  the  United 
States  of  America :  Provided,  however,  That  all  civil  and  criminal  process  issued 
under  the  authority  of  the  State  of  Ohio,  or  any  officer  thereof,  may  be  executed 
on  said  lands  and  in  the  buildings  that  may  be  erected  thereon,  in  the  same  way 
and  manner  as  if  jurisdiction  had  not  been  ceded  as  aforesaid. 

SEC.  2.  That  the  lands  above  described,  with  their  appurtenances  and  all 
buildings  and  other  property  that  may  be  thereon,  shall  forever  hereafter  be 
exempted  from  all  state,  county  and  municipal  taxation  and  assessment  what- 
ever, so  long  as  the  same  shall  remain  the  property  of  the  United  States  of 
America. 

See  also  "  General  act  of  cession." 

WOODLAND  CEMETERY. 

This  reservation  is  situated  at  CleA^eland.  and  comprises  two  lots  in 
the  city  cemetery. 

Title. — Certificate  of  purchase  from  the  city  of  Cleveland,  dated 
September  25,  1868,  conveying  lots  59  and  60,  in  section  10,  in  Wood- 
land Cemetery.  Certificate  No.  1262,  signed  by  C.  E.  Hill,  city 
clerk,  and  recorded  in  his  office,  at  said  city  of  Cleveland. 

Jurisdiction. — See  "  General  act  of  cession." 

OKLAHOMA. 

FORT  GIBSON   NATIONAL  CEMETERY. 

This  cemetery  is  situated  near  the  town  of  Fort  Gibson  in  Muskogee 
County,  and  was  a  part  of  what  was  called  the  Fort  Gibson  Reserva- 
tion. The  original  reservation  contained  5,541  acres  and  was  em- 


308  UNITED   STATES    MILITARY   RESERVATIONS,  ETC. 

braced  within  the  lands  of  the  Cherokee  Nation,  situated  on  the  east 
bank  of  the  Neosho  River,  ceded  by  treaties  dated  February  14, 
1833,  December  29,  1835,  and  July  19,  1866.  It  was  declared  a  mili- 
tary reservation  by  Executive  order  dated  January  25,  18TO.  Reser- 
vation abandoned  and  turned  over  to  the  Department  of  the  Interior 
(excepting  a  piece  of  ground  600  feet  in  length  by  500  feet  in  width 
on  the  southwest  corner  of  reservation,  it  being  the  site  of  the  above- 
named  cemetery)  by  Executive  order  dated  February  7,  1891,  issued 
under  the  provisions  of  the  act  of  Congress  approved  July  5,  1884 
(23  Stat.,  103),  providing  for  the  transfer  of  reservations  to  the 
Department  of  the  Interior  when  no  longer  needed  for  military  pur- 
poses. Present  area  of  reservation  300,000  square  feet,  or  6.83  acres. 
Jurisdiction. — Ceded  to  the  United  States  by  the  following  act  of 
the  State  legislature  approved  March  17,  1913  (session  laws,  1913, 
p.  95) : 

Be  it  enacted,  etc.,  That  exclusive  jurisdiction  be,  and  the  same  is  hereby 
ceded  to  the  United  States  over  the  tract  of  land  comprised  within  the  cemetery 
known  as  the  Fort  Gibson  National  Cemetery,  area  about  nine  acres  in  Musko- 
gee  County :  Provided,  however,  That  the  State  of  Oklahoma  reserves  the  right 
to  serve  civil  or  criminal  process  within  said  cemetery  reservation  in  suits  or 
prosecutions  for  or  on  account  of  rights  acquired,  obligations  incurred,  or  crimes 
committed  in  said  state  but  outside  of  said  cemetery  reservation, 

MILITIA  TARGET  RANGE. 

This  range  is  situated  in  Lincoln  County,  in  sections  8  and  9,  town- 
ship 14  north,  range  4  east,  and  contains  154.48  acres. 

Title. — 1.  Deed  from  Neal  Brown  et  ux.,  dated  March  10, 1909,  con- 
veying 40  acres.  Recorded  in  book  33,  page  337,  office  of  register  of 
deeds,  Lincoln  County. 

2.  Deed  from  H.  C.  Brunt  et  ux.,  dated  May  17,  1910,  conveying 
80  acres.     Recorded  in  book  35,  page  9,  of  same  records. 

3.  Deed  from  Roy  V.  Hoffman  et  ux.,  dated  January  5,  1914,  con- 
veying 34.48  acres.    Recorded  in  book  41,  page  620,  of  same  records. 

FORT  RENO. 

This  reservation  is  situated  on  the  North  Fork  of  the  Canadian 
River,  in  Canadian  County,  and  contains  an  area  of  9,493  acres. 

Title. — Set  apart  from  the  public  domain  by  being  included  within 
the  limits  of  the  Cheyenne  and  Arapahoe  Indian  Reservation,  by 
Executive  order  dated  August  10, 1869.  Proclaimed  a  military  reser- 
vation by  Executive  order  dated  July  17,  1883. 

Easement. — Right  of  way  to  Chicago,  Rock  Island  &  Pacific  Rail- 
way Co.,  granted  by  act  of  January  31,  1900.  (31  Stat.,  3.) 

Revocable  licenses. — January  9,  1891,  May  28,  1897,  January  10. 
1898,  and  March  8,  1898,  to  the  Choctaw,  Oklahoma  &  Gulf  Railroad 
Co.  (formerly  Choctaw  Coal  &  Railroad  Co.)  covering  extension  and 
operation  of  its  railway  on  and  through  the  reservation. 

March  18,  1897,  to  George  Washington  Lodge,  No.  13,  Knights  of 
Pythias,  to  erect  a  lodge  building. 

September  23, 1897,  to  Missouri,  Kansas  &  Texas  Telephone  Co.  for 
telephone  line. 

August  19, 1903,  to  Topeka  &  El  Reno  Telephone  Co.  for  telephone 
line. 


OKLAHOMA.  309 

December  5, 1907,  to  State  of  Oklahoma  for  use  cjf  rifle  range. 

September  3,  1910,  to  Pioneer  Telephone  &  Telegraph  Co.  for  tele- 
phone line. 

June  — ,  1913,  to  the  Chicago,  Rock  Island  &  Pacific  Railway  Co. 
for  an  extension  of  400  feet  to  existing  spur  track  from  its  main  line 
on  reservation. 

Jurisdiction. — Ceded  to  the  United  States  by  the  following  act  of 
the  State  legislature-  approved  March  IT,  1913  (session  laws,  1913. 
p.  90) : 

Be  it  enacted,  etc.,  That  exclusive  jurisdiction  be,  and  the  same  is  hereby 
ceded  to  the  United  States  over  all  the  territory  now  owned  by  the  United  States 
and  comprised  within  the  limits  of  the  Military  Reservation  of  Fort  Sill,  in 
Comanche  County,  and  Fort  Reno,  in  Canadian  County,  as  declared  from  time  to 
time  by  the  President  of  the  United  States,  and  over  such  lands  as  may  here- 
after be  acquired  for  the  enlargement  of  said  reservations ;  provided,  however, 
that  the  State. of  Oklahoma  reserves  the  right  to  serve  civil  or  criminal  process 
within  said  reservations  in  suits  or  prosecutions  for  or  on  account  of  righto 
acquired,  obligations  incurred,  or  crimes  committed  in  said  state  but  outside  of 
such  cessions  and  reservations :  Provided,  further,  That  the  State  of  Oklahoma 
reserves  the  right  to  tax  railroad  companies  and  other  corporations  and  their 
franchises  and  property  on  said  reservations :  And  provided,  further,  That  the 
jurisdiction  herein  ceded  shall  continue  no  longer  than  the  United  States  shall 
own  and  hold  said  reservations  for  military  purposes. 

FORT  SILL,. 

This  reservation  is  situated  on  Medicine  Bluff  Creek,  in  Comanche 
County,  on  the  line  of  the  Chicago,  Rock  Island  &  Pacific  Railroad, 
about  6  miles  north  of  Lawton,  and  contains  an  area  of  about  51,292.82 
acres,  with  boundaries,  except  as  to  tract  reserved  August  29,  1907, 
infra,  as  announced  in  G.  O.  87,  W.  D.,  May  8, 1906. 

Title. — Reserved  from  the  public  domain  originally  as  an  Indian 
Reservation  for  the  benefit  of  the  Wichita,  Kiowa,  Comanche,  and 
Apache  Indians,  a  tract  of  23,040  acres  was,  by  Executive  order  of 
October  7,  1871,  set  apart  as  a  military  reservation.  By  Executive 
orders  of  February  26,  1897  (G.  O.  14,  A.  G.  O.,  March  15,  1897), 
September  20,  1901  (G.  O.  128,  A.  G.  O.,  September  27,  1901), 
and  August  29,  1907  (G.  O.  189,  W.  D.,  September  11,  1907),  the 
reservation  was  enlarged  by  the  addition  of  26,987.30  acres,  893.07 
acres,  and  372.45  acres,  respectively. 

Easements. — Act  of  Congress  approved  January  31,  1900  (31 
Stat.,  3),  authorized  the  Chicago,  Rock  Island  &  Pacific  Railway 
Co.  to  construct  a  railway  line  through  the  reservation.  Location  of 
right  of  way  approved  by  the  Secretary  of  War  August  13,  1900. 

Act  of  Congress  approved  February  10, 1903  (32  Stat.,  821),  grants 
right  of  way  across  this  reservation  to  the  Oklahoma  City  &  Western 
Railroad  Co.,  "  upon  such  line  as  may  be  determined  and  approved 
by  the  Secretary  of  War."  The  railroad  was  located  and  built  under 
license  of  May  14,  1902.  The  title  to  said  railroad  and  the  property 
of  the  above  company  having  passed  by  deed,  dated  July  18,  1907, 
to  the  St.  Louis  &  San  Francisco  Railroad  Co.,  the  Secretary  of  War 
on  April  1,  1911,  under  the  authority  vested  in  him  by  the  above  act, 
approved  the  location  of  the  line  of  said  railroad. 

Act  of  Congress  approved  June  29, 1906  (34  Stat.,  613),  authorized 
the  Wichita  Mountain  &  Orient  Railway  Co.  to  construct  and  main- 
tain a  railway,  telegraph,  and  telephone  line  through  the  reservation. 


310  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

Location  approved  by  the  Secretary  of  War  by  instrument  dated 
January  20,  1908. 

Act  of  Congress  approved  August  24,  1912  (37  Stat,  495),  author- 
ized the  Lawton  Railway  &  Lighting  Co.  to  construct,  maintain,  and 
operate  railway,  telegraph,  telephone,  and  trolley  lines  through  the 
reservation.  Location  approved  by  Secretary  of  War  by  instrument 
dated  October  10,  1912. 

Revocable  licenses. — July  19,  1906,  to  the  Apache  Mission  Tele- 
phone Co.  for  telephone  line. 

May  29,  1907,  to  the  Pioneer  Telephone  &  Telegraph  Co.  for  tele- 
phone line. 

October  4,  1907,  to  the  city  of  Lawton,  Okla.,  for  water-supply 
pipe  line  across  reservation. 

August  16, 1913,  to  W.  D.  Gibbons,  postmaster,  to  construct  a  suit- 
able building  for  post-office  purposes. 

September  23, 1913,  to  same  to  connect  said  building  with  the  Gov- 
ernment water,  sewer,  and  light  mains. 

June  8,  1914,  to  the  Pleasant  Valley  Rural  Telephone  Co.  for  tele- 
phone line. 

July  16,  1915,  to  the  Lawton  Railway  &  Lighting  Co.  to  connect 
its  waiting  stations  on  the  reservation  with  the  electric  lighting, 
water,  and  sewerage  systems  of  the  post. 

Jurisdiction. — See  "  Fort  Reno." 

FORT  SILL  WATER-SUPPLY  RESERVE. 

This  reservation  is  situated  within  the  national  forest  reserve  made 
by  Executive  order  of  July  4,  1901,  and  enlarged  May  29,  1906,  and 
partly  within  the  game  preserve  made  by  Executive  order  of  June  2, 
1905,  and  was  reserved  by  Executive  order  of  December  15.  1000 
(G.  O.  251,  W.  D.,  December  24,  1909).  It  contains  an  area  of  about 
16,420  acres.  As  to  so  much  of  the  land  as  is  comprised  within  the 
game  preserve,  the  reservation  for  a  game  preserve  is  the  dominant 
one,  but  the  use  of  the  lands  for  forest  purposes  is  subordinate  to 
their  use  for  the  conservation  of  water  for  the  Fort  Sill  Military 
Reservation. 

OREGON. 

COOS  BAY  MILITARY  RESERVATION. 

This  reservation  is  situated  on  the  south  side  of  the  entrance  to 
Coos  Bay,  Oreg.  It  comprises  lot  4,  sec.  3,  T.  26  S.,  R.  14  W.,  Wil- 
lamette meridian,  containing  32.06  acres. 

Title. — Set  apart  from  the  public  domain  and  reserved  for  mili- 
tary purposes  by  Executive  order  dated  August  6,  1915  (No.  2233). 

MILITIA  TARGET  RANGES. 

In  Douglas  County. — This  range  is  situated  near  Roseburg,  in 
Douglas  County,  and  comprises  an  area  of  34.18  acres. 

Title. — Deed  from  A.  Cresson  and  wife,  dated  June  6,  1907,  con- 
veying above  tract.  Recorded  in  volume  60,  page  528,  of  the  deed 
records  of  Douglas  County. 


OREGON.  311 

In  Clackamas  County. — This  range  is  situated  near  Oregon 
City,  in  Clackamas  County,  and  comprises  an  area  of  about  197.21 
acres. 

Title. — 1.  Deed  from  J.  M.  Poorman  and  wife,  dated  April  15, 
1910,  conveying  34.18  acres  (less  deduction  of  0.70  acres).  Recorded 
in  volume  117,  page  31,  of  the  deed  records  of  Clackamas  County. 

2.  Deed  from  same,  dated  October  3,  1910,  conveying  34:18  acres. 
Recorded  in  volume  119,  page  370,  of  same  records. 

3.  Deed  from  same,  dated  June  24,  1911,  conveying  31.68  acres. 
Recorded  in  volume  122.  page  275,  of  same  records. 

4.  Deed  from  J.  H.  Johnson  and  wife,  dated  September  9,  1912, 
conveying  29.20  acres.    Recorded  in  volume  126,  page  470,  of  same 
records. 

5.  Deed  from  same,  dated  July  5,  1913,  conveying  32  acres,  more  or 
less.    Recorded  in  volume  133,  page  158,  of  same  records. 

6.  Deed  from  same,  dated  May  29,  1914,  conveying  36.67  acres, 
more  or  less.    Recorded  in  volume  137,  page  417,  of  same  records. 

SAND  ISLAND. 

This  reservation  is  a  shifting  island  lying  in  or  near  the  entrance  to 
the  Columbia  River  and  comprises  parts  of  sees.  14,  23,  and  24,  in  T.  9 
N.,  R.  11  W.  of  Willamette  meridian.  It  contains  an  area  of  192.07 
acres,  according  to  a  survey  made  prior  to  1877. 

Title. — Set  apart  from  the  public  domain  and  declared  a  reserva- 
tion for  military  purposes  by  Executive  order  dated  August  29,  1863. 

Jurisdiction. — Ceded  to  the  United  States  (as  also  title)  by  act  of 
the  State  legislature,  approved  October  21,  1864,  which  provides  as 
follows : 

SECTION  1.  There  is  hereby  granted  to  the  United  States  all  right  and  interest 
of  the  State  of  Oregon  in  and  to  the  land  in  front  of  Fort  Stevens  and  Point 
Adams,  situate  in  this  State,  and  subject  to  overflow  between  high  and  low 
tide,  and  also  the  Sand  Island,  situate  at  the  mouth  of  Columbia  River,  in  this 
State,  the  said  island  being  subject  to  overflow  between  high  and  low  tide. 

SEC.  2.  The  Governor  of  this  State  shall  cause  two  copies  of  this  Act  to  be 
prepared  and  certified  under  the  seal  of  this  State,  and  forward  one  of  such 
copies  to  the  Secretary  of  War  of  the  United  States,  and  the  other  of  such  copies 
to  the  commanding  officer  of  this  district  of  the  military  department  of  the 
Pacific  Coast. 

FORT  STEVENS   ( POINT  ADAMS)  . 

This  reservation  is  situated  at  Point  Adams,  at  the  mouth  of  the 
Columbia  River,  in  Clatsop  County,  7  miles  from  Astoria  and  105 
miles  from  Portland.  It  comprises  an  area,  including  accretions,  of 
3,515.37  acres  above  mean  low  water,  and  2,143.47  acres  above  mean 
high  water. 

Title. — Executive  order  dated  February  26,  1852,  reserving  for 
military  purposes  certain  public  lands  comprised  within  the  limits 
of  the  present  reservation.  Other  evidences  of  title  are : 

1.  Deed  from  Cyrus  Olney  and  wife,  dated  August  10,  1863,  con- 
veying river  lot  5  in  sec.  5,  and  NE.  J  of  SE.  \  and  river  lots  1  and  2 
of  sec.  6,  in  T.  8  N.,  R.  10  W.,  containing  156.87  acres. 

2.  Deed  from  Cyrus  Olney,  dated  February  28,  1870,  conveying 
same  premises. 


312 

3.  Decree  of  United  States  district  court,  May,  1898,  establishing 
boundaries  between  reservation  and  property  of  V.  C.  Kindred,  over 
lands  added  by  accretion. 

4.  Decree  of  condemnation  in  the  United  States  district  court,  Jan 
uary  15,  1905,,  covering  133.20  acres,  the  property  of  Susan  A.  Hill, 
Alexander  Gilbert,  and  Sarah  L.  Bird.    Decree  filed. 

5.  Order  of  county  court  of  Clatspp  County,  September  2,  1908, 
vacating  streets  and  alleys  with  premises  acquired  by  above  decree  of 
January  15,  1905. 

Revocable  licenses. — October  7,  1873,  to  the  Treasury  Department 
to  build  a  road  through  the  reservation. 

March  4,  1874,  to  the  Treasury  Department  to  occupy  a  portion 
of  the  reservation  for  a  light  station  and  to  cut  timber  for  a  cordu- 
roy road. 

February  8,  1877,  to  the  Treasury  Department  to  occupy  and 
inclose  a  tract  of  40  acres  for  lighthouse  purposes. 

February  2G,  1891,  to  the  Treasury  Department  to  construct  a  look 
out  tower,  a  telephone  line  to  the  life-saving  station,  and  to  build 
covered  davits  or  cranes  on  the  wharf,  and  to  permit  surfmen  to  have 
free  access  to  the  reservation  when  on  duty. 

March  12,  190G,  to  Say  Toi,  to  establish  and  operate  a  laundry. 

November  7, 1907,  to  the  Pacific  States  Telephone  &  Telegraph  Co., 
for  telephone  line. 

January  10,  1911,  to  the  Pacific  Telephone  &  Telegraph  Co.,  for 
telephone  lines  at  Forts  Stevens,  Oreg.,  and  Columbia,  Wash.,  and 
for  submarine  cable  across  the  Columbia  River  to  connect  the  same. 

August  9,  1911,  to  Spokane,  Portland  &  Seattle  Railway  Co.,  to 
construct  a  wye  on  reservation. 

December  18, 1914,  to  the  Weather  Bureau,  Department  of  Agricul- 
ture, to  maintain  its  existing  telegraph  lines  and  cable  connections. 

Jurisdiction. — Ceded  by  act  of  the  State  legislature,  approved  Feb- 
ruary 5, 1913,  which  provides  as  follows : 

That  exclusive  jurisdiction  be,  and  hereby  is,  ceded  to  the  United  States  over 
the  military  reservation  of  Fort  Stevens,  situated  on  Point  Adams,  in  Clatsop 
County  of  this  State :  Provided,  That  all  process,  civil  or  criminal,  issued  under 
authority  of  the  laws  of  the  State  of  Oregon  may  be  executed  by  the  proper 
omcers  thereof  upon  any  person  or  persons  amenable  to  the  same  within  the 
limits  of  the  said  military  reservation,  in  like  manner  and  to  the  same  effect 
as  if  this  act  had  not  been  passed. 

See  also  "Sand  Island,"  ante,  as  to  title  and  jurisdiction  to  tide 
lands. 

PANAMA  CANAL. 

Owing  to  the  fact  that  the  data  concerning  the  lands  occupied  for 
military  purposes  within  the  Panama  Canal  Zone  are  not  available  in 
the  War  Department,  the  description  of  the  lands  so  occupied  has 
been  omitted  from  this  publication. 

PENNSYLVANIA. 

GENERAL  ACT  OF  CESSION. 

The  jurisdiction  of  this  state  is  hereby  ceded  to  the  United  States  of  America, 
over  all  such  pieces  or  parcels  of  land  not  exceeding  two  acres  in  any  one 
township,  ward  of  city  or  borough,  within  the  limits  of  this  state,  as  have  been 


PENNSYLVANIA.  313 

or  shall  hereafter  be  selected  and  acquired  by  the  United  States  for  the  purpose 
of  erecting  post  offices,  custom  houses  or  other  structures,  exclusively  owned  by 
the  general  government  and  used  for  its  purposes :  Provided,  That  an  accurate 
description  and  plan  of  such  lands  so  acquired,  verified  by  the  oath  of  some 
officer  of  the  general  government  having  knowledge  of  the  facts,  shall  be  filed 
with  the  secretary  of  the  commonwealth  of  this  state,  as  soon  as  said  United 
States  shall  have  acquired  possession  of  the  same:  And  provided  further,  that 
this  cession  is  upon  the  express  condition  that  the  State  of  Pennsylvania  shall 
so  far  retain  concurrent  jurisdiction  with  the  United  States  in  und  over  all 
lands  acquired  or  hereafter  acquired  as  aforesaid;  that  all  civil  and  criminal 
process  issued  by  any  court  of  competent  jurisdiction,  or  officers  having  author- 
ity of  law  to  issue  such  process,  and  all  orders  made  by  such  court  or  judicial 
officers  duly  empowered  to  make  such  orders,  and  necessary  to  be  served  on 
any  person,  may  be  executed  upon  said  land  and  in  the  buildings  that  may  be 
erected  thereon,  in  the  same  way  and  manner  as  if  jurisdiction  had  not  been 
ceded  as  aforesaid.  (Approved  June  13,  1883.  Amended  by  act  approved 
March  17,  1905,  so  as  to  make  the  limit  "  not  exceeding  ten  acres  in  any  one 
township,"  etc.  Laws  of  Pennsylvania,  1905,  p.  45.) 

ALLEGHENY   CEMETERY    (SOLDIERS'  LOT). 

This  reservation,  situated  in  the  Allegheny  Cemetery,  in  the  city 
of  Pittsburgh,  Allegheny  County,  contains  an  area  of  10,272.12 
superficial  feet  of  land,  and  is  known  as  lot  No.  66. 

Title. — Deed  from  the  Allegheny  Cemetery  (a  corporation),  dated 
March  18,  1875,  conveying  above  lot.  Recorded  December  17,  1875, 
in  deed  book,  volume  354,  page  39,  of  the  deed  records  of  Allegheny 
County. 

Jurisdiction. — See  "  General  act  of  cession." 

ASHLAND  CEMETERY    ( SOLDIERS'  LOT). 

This  reservation  is  situated  in  Ashland  Cemetery,  in  the  borough 
of  Carlisle  and  county  of  Cumberland,  and  contains  7,740  square  feet. 

Title. — Deed  from  Valeria  M.  Penrose,  trustee,  etc.,  dated  Septem- 
ber 19,  1878,  conveying  lots  212  to  265,  inclusive,  in  section  D  of 
D.  S.  Ettinger's  plan  No.  3  of  Ashland  Cemetery,  containing  540 
by  16  feet. 

Deed  given  as  a  substitute  for  a  deed  dated  in  March,  1866,  which 
was  lost. 

Jurisdiction. — See  "  General  act  of  cession." 

CARLISLE   BARRACKS. 

This  reservation  is  situated  near  the  town  of  Carlisle,  in  the  county 
of  Cumberland,  and  contains  an  area  of  about  30  acres  and  8  perches. 
Purchase  of  site  made  by  authority  of  an  act  of  Congress  passed  in 
1794,  and  transferred  to  the  Interior  Department  to  be  used  as  a 
school  for  Indian  children  until  required  by  the  War  Department  for 
military  purposes,  December  22,  1879. 

Title. — Deed  from  Edmund  Physic,  attorney  in  fact  for  John  Penn 
and  Richard  Penn,  dated  January  13, 1801,  conveying  above-described 
tract.  Recorded  in  book  O,  volume  1,  page  79,  etc.,  of  the  deed  rec- 
ords of  Cumberland  County  at  Carlisle. 

Revocable  licenses. — August  2,  1884,  to  the  Cumberland  Valley 
Railroad  Co.  by  Secretary  of  Interior,  to  lay  switch  on  reservation. 

March  10, 1908,  to  borough  of  Carlisle  for  outfall  sewer. 


314  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

Jurisdiction. — Ceded  by  the  State  of  Pennsylvania  over  additional 
land  secured  by  the  Interior  Department  for  agricultural  purposes, 
by  an  act  passed  February  15,  1901. 

FRANKFORD  ARSENAL. 

This  reservation  is  situated  in  the  city  of  Philadelphia,  and  con- 
tains an  area  of  about  62  acres  and  38  perches. 

Title. — 1.  Deed  from  Frederick  Fraley  and  wife,  dated  May  27, 
1816,  conveying  20  acres  and  34  perches  of  land,  with  bridge  privi- 
leges. Recorded  in  deed  book  M  R,  No.  7,  page  717,  etc.,  of  the  deed 
records  of  Philadelphia  County. 

2.  Deed  from  Robert  Kennedy,  dated  April  8,  183t,  conveying  3 
acres  and  6  perches  of  land.    Recorded  in  book  S  H  F,  No.  11,  page 
721,  etc.,  of  same  records. 

3.  Deed  from  William  S.  Haines  and  wife,  dated  December  27, 
1849,  conveying  in  the  aggregate  38  acres  and  158  perches  of  land. 
Recorded  in  book  G  W  C,  No.  31,  page  515,  etc.,  of  same  records. 

Revocable  licenses. — November  12,  1886,  to  the  Kensington  & 
Tacony  Railroad  Co.  to  cross  the  reservation. 

October  2,  1889,  to  the  Pennsylvania  Co.  to  construct  a  branch 
upon  the  reservation. 

Jurisdiction. — Ceded  to  the  United  States  by  acts  of  the  State 
legislature  approved  June  13,  1840,  and  April  6,  1849,  which  provide 
as  follows: 

SEC.  3.  That  the  jurisdiction  of  the  State  of  Pennsylvania  is  hereby  ceded  to 
the  United  States  of  America  for  the  purpose  of  erecting  and  maintaining 
thereon  Arsenals,  Magazines,  and  other  necessary  buildings  over  all  those  cer- 
tain tracts,  pieces,  or  parcels  of  land  lying  and  being  in  the  town  of  Oxford 
and  in  the  township  of  Passyunk  in  the  County  of  Philadelphia,  *  *  *  being 
bounded  as  follows,  to  wit:  [Here  describes  the  lands  purchased  by  the 
United  States  from  Frederick  Fraloy  and  Robert  Kennedy.]  The  evidence  of 
the  several  purchases  of  the  land  which  is  hereby  ceded  being  recorded  in  the 
Office  of  the  Clerk  of  the  County  of  Philadelphia. 

SEC.  4.  The  jurisdiction  so  ceded  to  the  United  States  of  America  is  granted 
upon  the  express  condition  that  the  said  State  of  Pennsylvania  shall  retain  a 
concurrent  jurisdiction  with  the  United  States  in  and  over  the  tracts  of  land 
aforesaid  so  far  as  that  civil  process  in  all  cases  and  such  criminal  process  as 
may  issue  under  the  authority  of  the  State  of  Pennsylvania  against  any  per- 
son or  persons  charged  with  the  crimes  committed  without  the  said  tracts  of 
land  may  be  executed  thereon  in  the  same  way  and  manner  as  if  this  juris- 
diction had  not  been  ceded.  The  United  States  are  to  retain  such  jurisdiction 
so  long  as  said  tract  of  land  shall  be  used  for  the  purposes  expressed  in  the 
foregoing  section  and  no  longer.  (Act  approved  June  13,  1840.) 

1.  Resolved,  etc.,  That  the  consent  of  this  Legislature  be,  and  the  same  is 
hereby,  given  for  the  purchase  by  the  United  States  of  any  lands  not  exceeding 
forty 'acres  adjoining  the  United  States  Arsenal  at  Frankford,  in  the  County 
of  Philadelphia,  for  the  enlargement  of  said  Arsenal  and  the  erection  of  fur- 
ther buildings  and  machinery  for  such  uses  as  the  proper  authorities  of  the 
United  States  may  deem  proper,  and  that  all  the  right,  title,  property,  and  in- 
terest of  this  Commonwealth  in  and  to  the  said  land  adjoining  the  United 
States  Arsenal  as  aforesaid,  together  with  all  the  buildings,  improvements, 
houses,  forts,  arsenals  and  other  needful  buildings  now  on  or  to  be  put  on  said 
property  shall  be  and  are  hereby  ceded  to  and  vested  in  the  United  States  of 
America  as  fully,  absolutely,  and  to  the  same  extent  as  this  Commonwealth 
now  holds  and  is  entitled  to  the  same:  Provided,  That  the  Commonwealth 
may  reoccupy  and  repossess  the  same  as  they  have  occupied  and  possessed  the 
same  heretofore  whenever  the  United  States  of  America  shall  cease  to  occupy 
the  same  for  military  purposes  as  a  fort,  magazine,  arsenal,  or  with  other  needful 
buildings  for  the  same:  And  'provided,  That  the  jurisdiction  over  the  said 
premises  in  civil  and  criminal  cases  be  the  same  as  before  the  passing  of  this 
resolution.  (Act  approved  Apr.  6,  1.S40  ) 


PENNSYLVANIA.  315 

GETTYSBURG  NATIONAL  CEMETERY. 

This  reservation  contains  an  area  of  17  acres,  and  is  situated  at 
Gettysburg,  in  Adams  County.  The  title  is  as  follows : 

Deed  from  David  Wills,  president  of  Soldiers'  National  Cemetery, 
for  the  Soldiers'  National  Cemetery  at  Gettysburg,  Pa.,  dated  April 
18,  1872,  conveying  said  17  acres  of  land.  Recorded  in  book  D  D, 
folio  216,  etc.,  of  the  deed  records  of  Adams  County. 

Jurisdiction. — Cession  implied  by  an  act  of  the  State  legislature 
giving  consent  to  the  acquisition  by  the  United  States  of  said  ceme- 
tery property,  approved  April  14,  1868,  which  act  provides  as  fol- 
lows: 

Whereas,  By  an  act  of  the  Thirty-ninth  Congress  of  the  United  States,  en- 
titled "An  Act  to  establish  and  protect  National  Cemeteries,"  approved  Feb- 
ruary twenty-second,  one  thousand  eight  hundred  and  sixty-seven,  Congress  has 
adopted  a  uniform  system  for  the  management  and  care  of  all  the  soldiers' 
national  cemeteries  throughout  the  United  States,  and  made  provision  for  their 
maintenance :  therefore, 

SECTION  1.  Be  it  enacted,  etc.,  That  the  board  of  commissioners  having  charge 
and  care  of  the  Soldiers'  National  Cemetery  at  Gettysburg,  are  hereby  author- 
ized and  empowered  to  transfer  all  the  right,  title,  interest  and  care  of  said 
Soldiers'  National  Cemetery,  upon  the  completion  of  the  same,  to  the  govern- 
ment of  the  United  States,  the  Commonwealth  of  Pennsylvania  hereby  ceding 
and  relinquishing  to  the  United  States  all  its  title  to  the  grounds  and  property 
of  the  said  cemetery,  vested  in  it  for  the  States  which  participated  in  the 
establishment  of  said  National  Cemetery ;  this  cession  being  made  upon  the 
condition  that  the  United  States  Government  take  upon  itself  the  management 
and  care  of  the  said  cemetery,  and  make  provision  for  its  maintenance. 


SEC.  3.  That  the  governor  of  this  Commonwealth  is  hereby  authorized  and 
empowered  to  do  all  acts  and  execute  all  papers  upon  behalf  of  this  Common- 
wealth, necessary  to  consummate  the  cession,  and  to  cause  a  copy  of  this  act 
to  be  forwarded'  to  the  governors  of  the  several  States  who  have  appointed 
Commissioners,  and  also  to  the  board  of  Commissioners  having  charge  of  The 
Soldiers'  National  Cemetery  at  Gettysburg,  and  to  the  President,  the  Senate 
and  House  of  Representative  of  the  United  States. 

******  * 

(Act  approved  Apr.  14,  1868.) 

GETTYSBURG  NATIONAL  PARK. 

This  reservation  is  situated  near  the  town  of  Gettysburg,  in  Adams 
County,  and  contains  an  approximate  area  of  2,302  acres.  It  em- 
braces the  most  prominent  portions  of  the  lands  upon  which  the 
Battle  of  Gettysburg  was  fought  on  July  1,  2,  and  3,  1863.  Steps 
were  taken  to  preserve  the  site  and  mark  with  suitable  monuments 
the  positions  occupied  by  the  Union  troops  during  the  battle,  by 
acts  and  resolutions  of  Congress,  as  follows: 

Acts  approved  March  3,  1873  (17  Stat,  631) ;  June  9,  1880  (21 
Stat.,  170)  ;  March  3,  1887  (24  Stat.,  535)  ;  October  2,  1888  (25  Stat., 
538)  ;  March  2,  1889  (25  Stat.,  970)  ;  March  3,  1893  (27  Stat.,  599) ; 
Resolution  passed  June  5,  1894  (28  Stat.,  584).  Acts  approved 
August  18,  1894  (29  Stat.,  405)  ;  February  11,  1895  (28  Stat,  651) ; 
and  June  10,  1896  (29  Stat.,  384)  ;  the  act  of  February  11,  1895,  be- 
ing "  An  act  to  establish  a  National  Military  Park  at  Gettysburg, 
Pennsylvania." 


316  UNITED   STATES   MILITABY   RESERVATIONS,  ETC. 

Title. — 1.  Deed  from  Gettysburg  Battlefield  Memorial  Association, 
dated  February  4,  1896,  conveying  124  tracts  of  land,  aggregating 
521.77  acres.  Kecorded  in  book  X  X,  page  149,  etc.,  of  the  deed 
records  of  Adams  County. 

2.  Deed  from  heirs  of  Mary  Jane  Weikert,  dated  August  8,  1893, 
conveying  41,920  square  feet  of  land.    Recorded  in  book  T  T,  page 
379,  etc.,  of  same  records. 

3.  Deed  from  Gettysburg  Battlefield  Memorial  Association,  dated 
June  7,  1893,  conveying  625  square  feet  of  land.    Recorded  in  book 
T  T,  page  420,  etc.,  of  same  records. 

4.  Deed  from  Gettysburg  Battlefield  Memorial  Association,  dated 
June  7,  1893,  conveying  625  square  feet  of  land.    Recorded  in  book 
T  T,  page  402,  etc.,  of  same  records. 

5.  Deed  from  Gettysburg  Battlefield  Memorial  Association,  dated 
June  7,  1893,  conveying  625  square  feet  of  land.    Recorded  in  book 
T  T,  page  416,  etc.,  of  same  records. 

6.  Deed  from  David  Zentz  and  wife,  dated  July  14,  1893,  convey- 
ing 33,495  square  feet  of  land.    Recorded  in  book  T  T,  page  383,  etc., 
of  same  records. 

7.  Deed  from  John  A.  Wolfe  and  wife,  dated  July  14,  1893,  con- 
veying 24,618  square  feet  of  land.    Recorded  in  book  T  T,  page  393, 
etc.,  of  same  records. 

8.  Deed  from  William  H.  Heagey  and  wife,  dated  July  14,  1893, 
conveying  12,065  square  feet  of  land.    Recorded  in  book  T  T,  page 
390,  etc.,  of  same  records. 

9.  Deed  from  William  H.  Heagey  and  wife,  dated  July  14,  1893, 
conveying  3.55  acres.    Recorded  in  book  T  T,  page  391,  etc.,  of  same 
records. 

10.  Deed  from  Gettysburg  Battlefield  Memorial  Association,  dated 
June  7,  18933  conveying  53,060  square  feet  of  land.     Recorded  in 
book  T  T,  page  404,  etc.,  of  same  records. 

11.  Deed  from  Jacob  Masonheimer,  dated  June  27,  1893,  conveying 
25,800  square  feet  of  land.     Recorded  in  book  T  T,  page  385,  etc., 
of  same  records. 

12.  Deed  from  Isaiah  A.  Trostle,  attorney  in  fact,  etc.,  dated  June 
27,  1893,  conveying  88,625  square  feet  of  land.     Recorded  in  book 
T  T,  page  426,  etc.,  of  same  records. 

13.  Deed  from  Gettysburg  Battlefield  Memorial  Association,  dated 
July  12,  1893,  conveying  625  square  feet  of  land.     Recorded  in  book 
T  T,  page  400,  etc.,  of  same  records. 

14.  Deed  from  Gettysburg  Battlefield  Memorial  Association,  dated 
June  7,  1893,  conveying  625  square  feet  of  land.     Recorded  in  book 
T  T,  page  412,  etc.,  of  same  records. 

15.  Deed  from  widow  and  heirs  of  John  Bender,  dated  July  10, 
1893,  conveying  851  square  feet  of  land.     Recorded  in  book  T  T, 
page  424,  etc.,  of  same  records. 

16.  Deed  from  Samuel  M.  Bushman,  dated  June  7,  1893,  conveyino- 
12,000  square  feet  of  land.     Recorded  in  book  T  T,  page  399,  etc.   of 
same  records. 

17.  Deed  from  Gettysburg  Battlefield  Memorial  Association,  dated 
June  7,  1893,  conveying  625  square  feet  of  land.     Recorded  in  book 
T  T,  page  414,  etc.,  of  same  records. 


PENNSYLVANIA.  317 

18.  Deed  from  Gettysburg  Battlefield  Memorial  Association,  dated 
June  7,  1893,  conveying  625  square  feet  of  land.     Recorded  in  book 
T  T,  page  406,  etc.,  of  same  records. 

19.  Deed  from  Gettysburg  Battlefield  Memorial  Association,  dated 
June  7,  1893,  conveying  625  square  feet  of  land.     Recorded  in  book 
T  T,  page  408,  etc.,  of  same  records. 

20.  Deed  from  Gettysburg  Battlefield  Memorial  Association,  dated 
June  7,  1893,  conveying  625  square  feet  of  land.     Recorded  in  book 
T  T,  page  410,  etc.,  of  same  records. 

21.  Deed  from  Gettysburg  Battlefield  Memorial  Association,  dated 
June  7,  1893,  conveying  625  square  feet  of  land.     Recorded  in  book 
T  T,  page  418,  etc.,  of  same  records. 

22.  Deed  from  John  H.  Miller  and  wife,  dated  June  2,  1893,  con- 
veying 16,860  square  feet  of  land.     Recorded  in  book  T  T,  page  422, 
etc.,  of  same  records. 

23.  Deed  from  Anna  L.  Young  and  husband,  dated  June  7,  1893, 
conveying  625  square  feet  of  land.     Recorded  in  book  T  T,  page  397, 
etc.,  of  same  records. 

24.  Deed  from  George  Spangler  and  wife,  dated  June  8,  1893,  con- 
veying 625  square  feet  of  land.     Recorded  in  book  T  T,  page  395, 
etc.,  of  same  records. 

25.  Deed  from  J.  Emory  Bair  and  wife,  dated  June  27,  1893,  con- 
veying 625  square  feet  of  land.     Recorded  in  book  T  T,  page  381, 
etc.,  of  same  records. 

26.  Deed  from  Wellington  J.  Swope  and  wife,  dated  June  28, 1893, 
conveying  57,230  square  feet  of  land.    Recorded  in  book  T  T,  page 
388,  etc.,  of  same  records. 

27.  Deed  from  Melchoir  Wolf  and  wife,  dated  June  28,  1893,  con- 
veying 10,300  square  feet  of  land.    Recorded  in  book  T  T,  page  386, 
etc.,  of  same  records. 

28.  Deed  from  Charles  F.  Starner  and  wife,  dated  November  23, 

1893,  conveying  5.16  acres  of  land.     Recorded  in  book  U  U,  page 
148,  of  same  records. 

29.  Deed  from  James  A.  Felix  and  wife,  dated  November  24,  1893, 
conveying  0.75  acre  of  land.    Recorded  in  book  U  U,  page  150,  etc., 
of  same  records. 

30.  Deed  from  Agnew  Crawford  et  al.,  dated  February  5,  1894, 
conveying  46  acres  and  147  perches  of  land.    Recorded  in  book  U  U, 
page  449,  etc.,  of  same  records. 

31.  Deed  from  W.  Nelson  Flaherty  and  wife,  dated  November  13, 

1894,  conveying  0.55  acre  of  land.    Recorded  in  book  V  V,  page  70, 
etc.,  of  same  records. 

32.  Deed  from  Simon  J.  Codori  and  wife,  dated  November  13, 
1894,  conveying  0.61  acre  of  land.    Recorded  in  book  V  V,  page  72, 
etc.,  of  same  records. 

33.  Deed  from  George  W.  Wolf  and  wife,  dated  November  15, 
1894,  conveying  0.06  acre  of  land.    Recorded  in  book  V  V,  page  74, 
etc.,  of  same  records. 

34.  Deed  from  George  J.  Benner,  dated  April  2,  1894,  conveying 
161  acres  and  7  perches  of  land,  with  reservations.     Recorded  in 
book  U  U,  page  339,  etc.,  of  same  records. 

35.  Deed  from  Sarah  A.  C.  Plank  and  husband,  dated  August  28, 
1894,  conveying  1.88  acres  of  land.    Recorded  in  book  U  U,  page  541, 
etc.,  of  same  records. 


318  UNITED    STATES    MILITARY   RESERVATIONS,  ETC. 

36.  Deed  from  J.  O.  Blocker  and  wife,  dcated  September  29,  1894, 
conveying  7.12  acres  of  land.    Recorded  in  book  U  II,  page  579,  etc., 
of  same  records. 

37.  Deed  from  L.  E.  Kumerant  and  wife  et  al..  dated  March  30, 
1895,  conveying  0.71  acre  of  land.    Recorded  in  book  V  V,  page  347, 
etc.,  of  same  records. 

38.  Deed  from  Maria  S.  Shultz,  dated  April  11,  1895,  conveying 
0.04  acre  of  land.     Recorded  in  book  V  V,  page  474,  etc.,  of  same 
records. 

39.  Deed  from  John  B.  McPherson.  dated  April  30,  1895,  convey- 
ing 58  acres  and  29  perches  of  land.     Recorded  in  book  V  V,  page 
477,  etc.,  of  same  records. 

40.  Deed  from  Oscar  D.  McMillan  and  wife,  dated  June  15,  1895, 
conveying  1.7  acres  of  land.    Recorded  in  book  V  V,  page  570,  etc., 
of  same  records. 

41.  Deed  from  Calvin  Gilbert  and  wife,  dated  July  2.  1895,  con- 
veying 632  square  feet  of  land.     Recorded  in  book  V  V,  page  564. 
etc.,  of  same  records. 

42.  Deed  from  the  Theological  Seminary  of  the  General  Synod  of 
the  Evangelical  Lutheran  Church  in  the  United  States,  dated  July 
18,  1895,  conveying  1.68  acres  of  land.    Recorded  in  book  V  V,  page 
562,  etc.,  of  same  records. 

43.  Deed  from  Selma  J.  Drum  and  husband,  dated  August  13, 
1895,  conveying  0.1  acre  of  land.     Recorded  in  book  AA7  AV,  page  193, 
etc.,  of  same  record. 

44.  Deed  from  James  A.  Felix  and  wife,  dated  September  2,  1895, 
conveying  0.048  acre  of  land.     Recorded  in  book  V  V,  page  560,  etc., 
of  same  records. 

45.  Deed  from  Lucinda  B.  Bushman  and  husband,  dated  Septem- 
ber 13,  1895,  conveying  9.42  acres  of  land.     Recorded  in  book  AV  AY. 
page  167,  etc.,  of  same  records. 

46.  Deed  from  J.  Emory  Bair  and  wife,  dated  October  10,  1895, 
conveying  0.11  acre  of  land.     Recorded  in  book  AAr  AV,  vol.  39,  page 
169,  etc.,  of  same  records. 

47.  Deed  from  John  B.  Whitney  et  al.,  executors,  etc.,  dated  No- 
vember 7,  1895,  conveying  1,900  square  feet  of  land.     Recorded  in 
book  W  AV,  page  498,  etc.,  of  same  records. 

48.  Deed  from  the  Gettysburg  AVater  Co.,  dated  November  16, 
1895,  conveying  400  square  feet  of  land.     Recorded  in  book  AV  AV, 
vol.  49,  page  501,  etc.,  of  same  records. 

49.  Deed  from  J.  L.  Sherry  and  wife,  dated  December  21,  1895, 
conveying  400  square  feet  of  land.     Recorded  in  book  AV  AV,  page 
333,  etc.,  of  same  records. 

50.  Deed  from  the  Gettysburg  Battlefield  Memorial  Association, 
dated  April  8,  1896,  conveying  0.31  acre  of  land.     Recorded  in  book 
X  X,  page  267,  etc.,  of  same  records. 

51.  Deed  from  Amos  Leister  and  wife,  dated  May  20,  1896,  con- 
veying 0.059  acre  of  land.     Recorded  in  book  X  X,  page  216,  etc.,  of 
same  records. 

52.  Deed  from  the  Gettysburg  &  Harrisburg  Railway  Co.,  dated 
June  5,  1896,  conveying  8.1-2  acres  of  land.     Recorded  in  book  X  X, 
pa-ge  341,  etc.,  of  same  records. 


PENNSYLVANIA.  319 

53.  Deed  from  William  Patterson  and  wife,  dated  June  29,  1896, 
conveying  1.13  acres  of  land.     Eecorded  in  book  X  X,  page  302.  etc., 
of  same  records. 

54.  Deed  from  George  F.  Basehore  and  wife,  dated  August  21, 

1896,  conveying  0.12  acre  of  land.     Recorded  in  book  X  X,  page  425, 
etc.,  of  same  records. 

55.  Deed  from  George  Spangler  and  wife,  dated  October  ~8, 1897, 
conveying  625  square  feet  of  land.     Recorded  in  book  Y  Y,  page 
379,  etc.,  of  same  records. 

56.  Deed  from  Nathaniel  Lightner  and  wife,  dated  October  22, 

1897,  conveying  0.012  acre  of  land  less  15  square  feet.     Recorded  in 
book  Y  Y,  page  414,  etc.,  of  same  records. 

57.  Deed  from  Samuel  O.  Robinson  and  wife,  dated  November  13, 
1897,  conveying  8  acres  and  22  perches  of  land  less  25,800  square  feet 
with  reservations.     Recorded  in  book  Z  Z,  page  55,  etc.,  of  same 
records. 

58.  Deed  from  Samuel  M.  Bushman,  dated  December  16,  1897, 
conveying  8.964  acres  of  land.    Recorded  in  book  Z  Z,  page  53,  etc., 
of  same  records. 

59.  Deed  from  Chas.  A.  Richardson,  dated  September  6,  1897,  con- 
veying 400  square  feet  of  land  less  100  square  feet.     Recorded  in 
book  58,  page  115,  of  same  records. 

60.  Deed  from  the  Gettysburg  Water  Co.,  dated  January  8,  1898, 
conveying  0.035  acre  of  land.    Recorded  in  book  Y  Y,  page  560,  of 
same  records. 

61.  Deed  from  Calvin  Gilbert,  dated  May  23,  1898,  conveying  0.11 
acre  of  land.    Recorded  in  book  Y  Y,  page  612,  etc.,  of  same  records. 

62.  Deed  from  Lucinda  Bender  et  al.,  dated  June  21,  1898,  con- 
veying 0.22  acre.     Recorded  in  book  Y  Y,  page  614,  etc.,  of  same 
records. 

63.  Deed  from  Alex.  W.  Little,  dated  September  20,  1898,  convey- 
ing 0.18  acre.    Recorded  in  book  Z  Z,  page  304,  of  same  records. 

64.  Deed  from  J.  P.  S.  Tobin,  dated  October  8,  1898,  conveying 
2.968  square  feet  of  land.    Recorded  in  book  Z  Z,  page  311,  of  same 
records. 

65.  Deed  from  William  Patterson,  dated  January  19,  1899,  convey- 
ing 48.3  acres  of  land.    Recorded  in  book  53,  page  25,  etc.,  of  same 
records. 

66.  Deed  from  Henry  Spangler  and  wife,  dated  April  11, 1899,  con- 
veying 25.32  acres  of  land.    Recorded  in  book  53,  page  171,  of  s;*me 
records. 

67.  Deed  from  George  Trostle.  administrator,  etc.,  dated  January 

26,  1899,  conveying  104.3  acres  of  land.    Recorded  in  book  53,  page 

27,  etc.,  of  same  records. 

68.  Deed  from  Samuel  M.  Bushman,  dated  June  29,  1899,  convey- 
ing 17.27  acres  of  land.     Recorded  in  book  53,  page  286,  of  same 
records. 

69.  Deed  from  James  E.  Swisher,  dated  November  9,  1899,  convey- 
ing 22.6  acres  of  land.     Recorded  in  book  53,  page  453,  of  same 
records. 

70.  Deed  from  Edward  H.  Culp.  administrator,  etc.,  dated  April 
27,  1900,  conveying  40.95  acres.     Recorded  in  book  55,  page  14,  of 
same  records. 

12925°— 16 21 


320  UNITED    STATES    MILITAKY    RESERVATIONS,  ETC. 

71.  Deed  from  Wm.  W.  Hafer  and  wife,  dated  July  6,  1900,  con- 
veying 40  acres.    Kecorded  in  book  55,  page  130,  of  same  records. 

72.  Deed  from  Basil  Biggs  and  wife,  dated  September  8,  1900, 
conveying  48.07  acres  of  land.     Recorded  in  book  55,  page  111,  of 
same  records. 

73.  Deed  from  Peter  D.  Swisher,  dated  December  11,  1900,  con- 
veying 2.42  acres  of  land.     Recorded  in  book  55,  page  260,  etc.,  of 
same  records. 

74.  Deed  from  Francis  A.  Althoff  and  wife,  dated  December  11, 
1900,  conveying  12.76  acres  of  land.    Recorded  in  book  54,  page  476, 
of  same  records. 

75.  Deed  from  Peter  D.  Swisher,  dated  February  16,  1901,  con- 
veying 9.2  acres  of  land.     Recorded  in  book  55,  page  333,  of  same 
records. 

76.  Deed  from  Wm.  H.  Tipton  and  wife,  dated  December  31,  1901, 
conveying  two  tracts  of  land,  aggregating  14.2  acres  of  land.    Re- 
corded in  book  55,  page  524,  of  same  records. 

77.  Deed  from  John  T.  Cox  et  al.,  trustees,  dated  March  25,  1902, 
conveying  a  slab  or  memorial  to  General  Zook,  standing  on  land 
which  the  United  States  helds  in  fee. 

78.  Deed  from  Jeremiah  Bender,  dated  July  22,  1902,  conveying 
13,061  square  feet  of  land.    Recorded  in  book  57,  page  48,  of  same 
records. 

79.  Deed  from  John  S.  Forney,  dated  July  22,  1902,  conveying 
0.57  acre.    Recorded  in  book  57,  page  46,  of  same  records. 

80.  Deed  from  the  heirs  of  Amos  Leister,  dated  September  1,  1902, 
conveying  0.08  acre.    Recorded  in  book  57,  page  102,  of  same  records. 

81.  Deed  from  Benjamin  Redding  and  wife,  dated  August  27, 1902, 
conveying  10  acres  and  91  perches  of  land.    Recorded  in  book  57, 
page  104,  of  same  records. 

82.  Deed  from  John  E.  C.  Miller  and  wife,  dated  November  24, 

1902,  conveying  33J  acres.    Recorded  in  book  57,  page  252,  of  same 
records. 

83.  Deed  from  John  Rosensteel,  dated  February  28, 1903,  conveying 
38  perches  of  land.     Recorded  in  book  56,  page  515,  etc.,  of  same 
records. 

84.  Deed  from  Emanuel  Weikert  and  wife,  dated  May  19,  1903, 
conveying  2.56  acres  of  land.    Recorded  in  book  58,  page  149,  etc.,  of 
same  records. 

85.  Deed  from  Martin  Winter,  dated  February  13, 1902,  conveying 
7  acres,  94.5  perches,  more  or  less.    Recorded  in  book  56,  page  246,  of 
same  records. 

86.  Deed  from  Mary  Ann  Pfeffer,  dated  May  12,  1903,  conveying 
10.25  acres.    Recorded  in  book  58,  page  188,  etc.,  of  same  records. 

87.  Deed  from  Sarah  A.  C.  Plank  and  husband,  dated  September 
23,  1903,  conveying  24.3  acres.    Recorded  in  book  59,  page  8,  of  same 
records. 

88.  Deed  from  Henry  A.  Wolf  and  wife  et  al.,  dated  October  7, 

1903,  conveying  0.6  acre.    Recorded  in  book  59,  page  104,  of  same 
records. 

89.  Deed  from  Newton  A.  Tawney  and  wife,  dated  December  19, 
1903,  conveying  0.67  acre.    Recorded  in  book  58,  page  537,  etc.,  of  same 
records. 


PENNSYLVANIA.  321 

90.  Deed  from  Calvin  P.  Krise,  dated  March  3,  1904,  conveying  3 
acres,  136  perches.     Recorded  in  book  58,  page  495,  etc.,  of  same 
records. 

91.  Deed  from  George  A.  Thayer  and  George  W.  Morse,  surviving 
trustees,  dated  June  9,  1904,  conveying  site  upon  which  is  erected  a 
monument  to  the  Second  Massachusetts  Infantry,  containing  576 
square  feet.    Recorded  in  book  59,  page  125,  of  same  records. 

92.  Deed  from  E.  Lay  ton  Trostle  and  wife,  dated  June  9,  1904, 
conveying  2  acres.     Recorded  in  book  59,  page  134,  etc.,  of  same 
records. 

93.  Deed  from  Andrew  J.  Smith,  dated  August  12, 1904,  conveying 
3.28  acres.    Recorded  in  book  59,  page  171,  of  same  records. 

94.  Decree  of  United  States  Circuit  Court,  Eastern  District  of 
Pennsylvania,  in  United  States  v.  Five  Tracts  of  Land;  rendered 
October  2,  1900,  condemning  three  tracts,  aggregating  40.47  acres. 
Money  paid  into  court  December  21,  1900. 

95.  Deed  from  Edward  H.  Culp,  administrator,  etc.,  dated  Sep- 
tember 16,  1904,  conveying  7.32  acres.    Recorded  in  deed  book  59, 
pages  217,  et  seq.,  of  same  records. 

96.  Deed  from  John  S.  Forney,  dated  December  6, 1904,  conveying 
two  tracts  aggregating  2.25  acres.    Recorded  in  deed  book  59,  page 
319,  of  same  records. 

97.  Decree  of  condemnation  of  9  acres  and  83  perches  of  land 
belonging  to  Florence  and  Georgiana  Cunningham,  Circuit  Court 
of  the  United  States,  Middle  District  of  Pennsylvania;  rendered 
December  12, 1904.    Money  paid  into  court  December  31, 1904.    Deed 
dated  September  18, 1905,  covering  same  premises.    Recorded  in  book 

59,  p.  556,  et  seq.,  of  same  records. 

98.  Deed  from  Henry  O.  Fowler  et  al.,  as  receivers  of  the  Gettys- 
burg Springs  &  Hotel  Co.,  dated  December  24,  1904,  conveying  four 
certain  parcels  of  land  aggregating  36.56  acres.     Recorded  in  deed 
book  60,  pages  22  to  30,  of  same  records. 

99.  Deed  from  Robert  Sheads,  dated  June  20, 1905,  conveying  0.331 
acre.    Recorded  in  deed  book  59,  page  403,  of  same  records. 

100.  Deed  from  J.  Emory  Bair  and  wife,  dated  May  13.  1905,  con- 
veying, in  the  aggregate,  31.22  acres.    Recorded  in  deed  book  59,  page 
373,  of  same  records. 

101.  Deed  from  Mary  E.  Bridges  and  husband  et  al.,  dated  April 
17,  1905,  conveying  8.6  acres.     Recorded  in  deed  book  59.  page  375, 
et  seq.,  of  same  records. 

102.  Decree  of  condemnation  in  United  States  circuit  court,  middle 
district  of  Pennsylvania,  of  6.59  acres  of  land,  the  property  of  the 
James  McAllister  heirs.    Decree  rendered  May  3,  1905.    Money  paid 
into  court  June  30.  1905.    Deed,  dated  June  15,  1906,  covering  same 
premises.    Recorded  in  book  60,  page  587,  of  same  records. 

103.  Deed  from  Henry  O.  Towels  et  al.,  receivers  of  the  Gettys- 
burg Springs  &  Hotel  Co.,  dated  April  18,  1905,  conveying  two  par- 
cels of  land  aggregating  98.94  acres.    Recorded  in  deed  book  60,  page 
228,  et  seq.,  of  same  records. 

104.  Deed  from  Sabina  C.  Patterson  and  husband,  dated  Septem- 
ber 20.  1905,  conveying  70.01  acres  of  land.    Recorded  in  deed  book 

60,  page  488,  of  same  records. 


322  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

105.  Deed  from  Howard  L.  Diehl  and  wife,  dated  July  7,  1905, 
conveying  11.498  acres.    Recorded  in  deed  book  59,  page  424,  of  same 
records. 

106.  Deed  from  J.  Emory  Bair  and  wife,  dated  September  10, 1906, 
conveying  1.144  acres.    Recorded  in  deed  book  62,  page  40,  of  same 
records. 

107.  Deed  from  Francis  N.  Fronmeyer  and  wife,  dated  October  20, 
1906,  conveying  2.18  acres.    Recorded  in  deed  book  61,  page  353,  of 
same  records. 

108.  Deed  from  J.  Emory  Bair  and  John  B.  McPherson,  receivers 
of  the  Gettysburg  Springs  Hotel  Co.,  dated  June  21,  1907,  conveying 
three  tracts  aggregating  360.75  acres.     Recorded  in  deed  book  63, 
page  36,  of  same  records. 

109.  Deed  from  Harriet  L.  Goss  et  al.,  dated  August  15,  1907,  con- 
veying 16.6  acres.     Recorded  in  deed  book  62,  page  103,  of  same 
records. 

110.  Deeds  from  Mary  L.  Heller  and  from  Morris  E.  Munshaur 
and  wife,  dated  May  18,  1908  and  .June  27,  1908,  respectively,  con- 
veying 1.87  acres.    Recorded,  respectively,  in  deed  book  63,  page  543, 
and  deed  book  64,  page  96,  of  same  records. 

111.  Quitclaim  deed  from  the  Ehrhart-Conrad  Co.,  a  corporation, 
dated  August  5,  1908,  of  same  property.    Recorded  in  deed  book  64, 
page  93,  of  same  records. 

112.  Deed  from  A.  Winton  Crouse  and  wife,  dated  February  8, 
1908,  conveying  1,800  square  feet.    Recorded  in  deed  book  63,  page  436, 
of  same  records. 

113.  Quitclaim  deeds  from  James  Mordy,  Ellen  Thompson  et  al., 
Harry  A.  Eckert  et  al.,  Jacob  H.  Butt  et  al.,  County  of  Adams,  to 
same  premises  dated,  respectively,  April  2,  1908;  August  28,  1908; 
March  16,  1908;  March  21,  1908;  and  September  29,  1908.    Recorded 
in  deed  book  64,  pages  10,  179,  6,  3,  and  miscellaneous  book,  file  B, 
page  178,  respectively. 

114.  Deed  from  Pius  A.  Althoff  and  wife,  dated  June  24,  1909,  con- 
veying 9.39  acres.     Recorded  in  deed  book  65,  page  347,  of  same 
records. 

115.  Deed  from  Maggie  A.  Wible  et  vir,  dated  September  27,  1909, 
conveying  two  tracts  of  land  aggregating  15.483  acres.    Recorded  in 
deed  book  65,  page  466,  of  same  records. 

116.  Deed  from  Calvin  Gilbert  and  wife,  dated  November  15, 1909, 
conveying  13}  acres.    Recorded  in  deed  book  65,  page  574,  of  same 
records. 

117.  Deed  from  Geo.  E.  Stock  and  wife,  dated  December  13,  1909, 
conveying  1.02  acres.    Recorded  in  deed  book  67,  page  17,  of  same 
records. 

118.  Deed  from  Martin  Winter,  dated  April  28,  1910,  conveying 
51.26  acres.    Recorded  in  deed  book  62,  page  593,  of  same  records. 

119.  Deed  from  Martin  Winter,  dated  July  11, 1910,  conveying  two 
tracts  containing  80.7  acres  and  2.02  acres,  respectively.    Recorded  in 
deed  book  62,  page  152,  of  same  records. 

120.  Deed  from  John  Reid  et  al.,  trustees  for  the  association  of 
survivors  of  the  Seventy-second  Regiment  Pennsylvania  Volunteers, 
dated  March  20,  1911,  conveying  900  square  feet.    Recorded  in  deed 
book  66,  page  442,  of  same  records. 


PENNSYLVANIA.  323 

121.  Deed  from  William  S.  Bushman,  widower,  dated  August  11, 
1911,  conveying  1.83  acres.    Recorded  in  deed  book  67,  page  215,  of 
same  records. 

122.  Deed  from  Charles  C.  Rider  and  wife,  dated  October  12, 1912, 
conveying  1.8  acres.     Recorded  in  deed  book  117,  page  264,  of  same 
records. 

123.  Deed  from  William  B.  Kurts  and  wife,  dated  November  21, 
1913,  conveying  0.14  acre.    Recorded  in  deed  book  74,  page  137,  of 
same  records. 

124.  Deed  from  Calvin  Gilbert  and  Donald  P.  McPherson,  re- 
ceivers of  the  Gettysburg  Springs  &  Hotel  Co.,  dated  December  18, 

1913,  conveying  55.38  acres.     Recorded  in  deed  book  73,  page  473,  of 
same  records. 

125.  Deed  from  same  parties,  dated  December  18,  1913,  conveying 
39.62  acres.     Recorded  in  deed  book  73,  page  468,  of  same  records. 

126.  Deed  from  Frank  B.  Twisden  and  wife,  dated  September  15, 

1914,  conveying  200  square  feet.     Recorded  in  deed  book  73,  page  422, 
of  same  records. 

Consent  of  supervisors  of  Cumberland  Township  to  improvement 
of  Emmitsburg  Road,  dated  August  1, 1907. 

Revocable  license.— June  11,  1908,  to  the  Theological  Seminary  of 
the  General  Synod  of  the  Evangelical  Lutheran  Church,  to  extend 
water  main  along  the  east  line  of  Seminary  Avenue  to  the  Chambers- 
burg  Pike. 

Jurisdiction. — Ceded  to  the  United  States  by  acts  of  the  State  leg- 
islature approved  May  7, 1889,  and  June  26, 1895,  as  follows : 

Whereas  Legislation  is  required  to  enable  the  United  States  to  obtain  title  to 
property  within  the  Commonwealth  of  Pennsylvania  for  the  purpose  of  erect- 
ing monuments  or  tablets  to  mark  the  position  occupied  by  the  several  com- 
mands of  the  Army  of  the  United  States  engaged  at  the  battle  of  Gettysburg, 
and  to  enable  the  government  of  the  United  States  to  properly  indicate  and  mark 
positions  held  by  federal  and  confederate  armies  during  said  battle,  and  for  the 
preservation,  for  historical  and  other  purposes,  of  the  said  battlefield ;  therefore, 

SECTION  1.  Be  it  enacted,  etc.,  That  the  consent  of  the  Commonwealth  of 
Pennsylvania  is  hereby  given  to  the  acquisition,  by  the  United  States,  of  such 
pieces  and  tracts  of  land  situated  upon  and  in  the  neighborhood  of  the  battle- 
field of  Gettysburg,  in  the  State  of  Pennsylvania,  as  may  be  selected  by  the 
Secretary  of  War,  or  such  officer  as  he  may  direct,  for  the  purpose  of  erecting 
monuments  or  tablets  for  the  proper  marking  of  the  positions  of  each  of  the 
several  commands  of  the  army  of  the  United  States  engaged  in  the  battle  of 
Gettysburg,  for  opening  and  constructing  roads  and  avenues,  in  connection  with 
the  positions  occupied  by  the  federal  or  confederate  forces  engaged  in  said 
battle,  for  the  preservation  of  the  grounds  covered  by  said  battlefield  for  his- 
torical and  other  purposes,  and  for  making  such  other  improvements  in  connec- 
tion with  said  battlefield  as  the  Government  of  the  United  States  may,  from 
time  to  time  deem  proper.  For  the  purposes  aforesaid,  the  United  States  shall 
have,  hold,  use,  occupy  and  own  said  lands,  when  purchased  or  acquired,  and 
exercise  jurisdiction  and  control  over  the  same  and  every  part  thereof,  subject 
to  the,  restrictions  hereinafter  mentioned. 

SEC.  2.  The  jurisdiction  of  the  State  of  Pennsylvania  in  and  over  the  said 
lands,  when  acquired  by  the  United  States,  shall  be,  and  the  same  is  hereby, 
ceded  to  the  United  States  and  shall  continue  so  long  as  the  said  lands  shall 
remain  the  property  of  the  United  States,  and  no  longer,  and  the  same  shall  be 
and  continue  exonerated  from  all  taxes,  assessments  and  other  charges  which 
may  be  levied  under  the  authority  of  this  Commonwealth :  Provided,  however, 
That  the  Commonwealth  of  Pennsylvania  shall,  and  hereby  does,  retain  concur- 
rent jurisdiction  with  the  United  States,  in  and  over  said  lands,  so  far  as  that 
all  civil  process  in  all  cases,  and  such  criminal  or  other  process  as  may  issue 
under  the  authority  of  the  State  of  Pennsylvania  against  any  person  or  persons 


324  UNITED    STATES    MILITARY  -RESERVATIONS,  ETC. 

charged  with  crimes  or  misdemeanors,  committed  within  said  State,  including 
said  lands,  may  be  executed  therein  in  the  same  manner  as  if  consent  to  acquisi- 
tion had  not  been  given,  or  jurisdiction  ceded,  except  so  far  as  such  process  may 
affect  the  personal  or  real  property  of  the  United  States. 

Sections  3  and  4  provide  for  the  condemnation  of  property  where 
the  United  States  can  not  agree  with  the  owner  as  to  price,  etc. 
(Act  approved  May  7, 1889.  Laws  of  Pennsylvania,  1889,  p.  106.) 

SECTION  1.  Be  it  enacted,  etc.,  That  the  jurisdiction  of  this  Commonwealth  is 
hereby  ceded  to  the  United  States  of  America  over  the  public  roads,  and  parts 
of  the  same  hereinafter  specified  and  described,  included  within  the  limits  of 
the  National  Park  at  Gettysburg,  as  defined  by  the  act  of  Congress,  entitled 
"An  act  to  establish  a  National  Military  Park  at  Gettysburg,  Pennsylvania,"  ap- 
proved February  eleven,  one  thousand  eight  hundred  and  ninety -five,  to  wit : 

First.  That  part  of  the  public  road  known  as  the  Carlisle  road,  extending 
from  the  borough  line  of  Gettysburg  northward  by  the  various  courses  of  said 
road  five  thousand  six  hundred  feet  to  the  boundary  of  the  aforesaid  National 
Park,  as  defined  in  the  said  act  of  Congress. 

Second.  That  part  of  the  public  road  known  as  the  Newville  or  Bendersville 
road,  extending  from  its  junction  with  the  aforesaid  Carlisle  road  northwest- 
ward two  thousand  four  hundred  feet  to  the  boundary  of  the  aforesaid  National 
Park. 

Third.  That  part  of  the  public  road  known  as  the  Harrisburg  or  Heidlers- 
burg  road,  extending  from  the  borough  line  of  Gettysburg  northward  by  the 
various  courses  of  said  road  five  thousand  two  hundred  and  fifty  feet  to  the 
boundary  of  said  National  Park. 

Fourth.  That  part  of  the  public  road  known  as  the  Hunterstown  road,  ex- 
tending from  its  junction  with  the  York  pike,  near  Gettysburg,  northeastward 
three  thousand  six  hundred  and  ninety  feet  to  the  boundary  of  the  aforesaid 
National  Park. 

Fifth.  That  part  of  the  public  road  known  as  the  Hanover  road,  extending 
from  the  borough  line  of  Gettysburg  at  Rock  Creek  southeastward  five  thousand 
seven  hundred  feet  to  the  boundary  of  said  National  Park. 

Sixth.  That  part  of  the  public  road  known  as  the  Taneytown  road,  extend- 
ing from  the  borough  line  of  Gettysburg  southward  nine  thousand  four  hundred 
feet  to  the  boundary  of  the  aforesaid  National  Park. 

Seventh.  That  public  road  connecting  the  Taneytown  road  and  the  Baltimore 
pike,  extending  from  the  Taneytown  road  at  the  common  corner  of  Patterson 
and  Baker's  lands  on  that  road  eastward  by  sundry  courses  four  thousand 
three  hundred  feet  to  the  Baltimore  pike  near  McAllister's  Hill. 

Eighth.  That  public  road  known  as  the  Wheatfiekl  road,  extending  from  its 
junction  with  the  Taneytown  road  at  Sedgwick  Post-Office  westward  by  sundry 
courses  and  crossing  the  Emmitsburg  road  and  Confederate  Avenue  eight  thou- 
sand five  hundred  and  fifty  feet  to  the  boundary  of  the  aforesaid  National  Park 
near  the  southwest  corner  of  Martin's  Woods. 

Ninth.  That  part  of  the  public  road  known  as  the  Emmitsburg  road,  extend- 
ing from  the  crossing  of  the  Wheatfield  road  at  the  Peach  Orchard  southwest- 
ward  seven  thousand  eight  hundred  feet  or  more  to  the  boundary  of  the 
aforesaid  National  Park. 

Tenth.  That  part  of  the  public  road  known  as  the  Hagerstown  road,  extend- 
ing from  he  borough  line  of  Gettysburg  southwestward  six  thousand  two  hun- 
dred feet  to  the  boundary  of  the  aforesaid  National  Park. 

Eleventh.  That  part  of  the  public  road  known  as  the  Herster's  Mill  road, 
which  begins  at  the  Hagerstown  road  about  a  furlong  west  of  Reynolds  Avenue, 
extending  thence  northwestward  by  sundry  courses,  and  crossing  Willoughby 
run,  four  thousand  feet  to  the  boundary  of  the  aforesaid  National  Park. 

Twelfth.  That  part  of  the  public  road  which  begins  at  the  Chambersburg 
pike  at  Herr's  tavern,  extending  thence  southward  two  thousand  feet  to  the 
boundary  of  the  aforesaid  National  Park. 

Thirteenth.  That  part  of  the  public  road  known  as  the  Mummasburg  road, 
extending  from  the  borough  line  of  Gettysburg  northwestward  six  thousand 
three  hundred  feet  to  the  boundary  of  the  aforesaid  National  Park. 

Fourteenth.  That  public  road  connecting  the  Mummasburg  road  with  the 
Chambersburg  pike,  beginning  at  the  Mummasburg  road  on  the  summit  of 
Seminary  Ridge  and  extending  thence  southward  by  sundry  courses  three  thou- 
sand eight  hundred  feet,  crossing  the  railroad  just  east  of  where  the  Fifty- 


PENNSYLVANIA.  325 

sixth  Pennsylvania  regiment  fired  the  first  musket  in  the  hattle,  to  the  Cham- 
bersburg  pike,  about  a  furlong  from  where  Reynolds  fell :  Prodded,  neverthe- 
less, That  this  cession  is  upon  the  express  condition  that  the  Commonwealth 
of  Pennsylvania  so  far  retains  concurrent  jurisdiction  with  the  United  States 
over  said  roads  and  parts  of  roads  above  described,  as  that  all  civil  and  criminal 
process  issued  under  the  authority  of  this  Commonwealth  may  be  executed 
thereon  in  like  manner  as  if  this  act  had  not  been  passed :  Provided  further, 
That  all  offenses  against  the  criminal  laws  of  Pennsylvania  upon  suid_roads  or 
parts  of  roads  shall  remain,  as  before,  cognizable  in  the  Courts  of  this  Common- 
wealth, but  nothing  herein  contained  shall  in  anywise  interfere  with  the  juris- 
diction of  the  United  States  over  any  matter  embraced  in  the  act  of  Congress 
establishing  said  National  Park,  approved  February  eleventh,  one  thousand 
eight  hundred  and  ninety-five,  nor  with  any  laws,  rules  or  regulations  which 
have  been  or  may  be  adopted  by  the  Government  of  the  United  States  for  the 
preservation  and  protection  of  its  property  and  rights  on  said  ceded  roads  and 
parts  of  roads,  and  proper  maintenance  of  good  order  thereon.  (Act  approved 
June  26,  1895.  Laws  of  Pennsylvania,  1895,  p.  371.) 

See  Appendix,  page  496. 

LA  FAYETTE   CEMETERY    (SOLDIERS'  LOT). 

This  lot  is  situated  in  the  La  Fayette  Cemetery,  in  the  city  of  Phil- 
adelphia, and  is  known  and  designated  as  lot  No.  42,  containing  an 
area  of  80  square  feet. 

Title. — Deed  from  Mary  Sutherland  et  al.  to  Burton  Kollock; 
assigned  by  Burton  Kollock  to  the  Union  Volunteer  Refreshment 
Saloon  Committee,  and  by  the  latter  assigned  to  the  United  States, 
June  7,  1875,  transferring  above  lot.  Eecorded  in  book  F  T  W  No. 
231,  page  342,  etc.,  of  the  deed  records  of  the  city  and  county  of 
Philadelphia. 

Jurisdiction. — See  "  General  act  of  cession." 

LEBANON  CEMETERY    (SOLDIERS5  LOT). 

This  reservation  is  situated  in  the  Lebanon  Cemetery  of  Philadel- 
phia, in  the  city  of  Philadelphia,  and  contains  an  area  of  about  4,480 
square  feet. 

Title.— Deed  from  Jacob  C.  White  and  wife,  dated  June  1,  1867, 
conveying  56  lots  in  section  D  of  the  Lebanon  Cemetery  of  Philadel- 
phia, numbered  195  to  202,  inclusive;  211  to  218,  inclusive;  227  to  234, 
inclusive;  243  to  250,  inclusive;  259  to  266,  inclusive;  275  to  282, 
inclusive;  and  291  to  298,  inclusive;  containing  about  4,480  square 
feet  of  land.  Recorded  in  book  J  T  O,  No.  60,  page  15,  etc.,  of  the 
deed  records  of  the  city  and  county  of  Philadelphia. 

Jurisdiction. — See  "  General  act  of  cession." 

MECHANICS'  CEMETERY  (SOLDIERS'  LOT). 

This  reservation  is  situated  in  what  was  formerly  Islington  Park, 
in  Penn  Township,  now  city  of  Philadelphia,  and  embraces  lots  1,  2, 
3,  4,  5,  and  6,  in  division  B,  section  14,  of  Mechanics'  Cemetery. 

Title. — Deed  from  the  United  American  Mechanics  and  United 
Daughters  of  America  Cemetery  Association,  dated  October  16,  1874, 
conveying  the  above-described  property,  with  right  of  way,  etc. 

Jurisdiction. — See  "  General  act  of  cession." 


326  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

FORT  MIFFLIN. 

This  reservation  is  situated  in  the  Delaware  River,  near  League 
Island,  within  the  corporate  limits  of  the  city  of  Philadelphia.  It 
originally  contained  an  area  of  about  317  acres;  but  it  was  reduced 
by  the  sale  of  49.707  acres,  August  29,  1899,  to  the  International 
Navigation  Co.,  under  authority  of  act  of  Congress  of  January  6, 
1893  (27  Stat.,  414).  By  letters  of  the  Secretary  of  War,  dated 
July  31,  1895,  June  21,  1898,  September  29,  1899,  and  May  6,  1905, 
portions  of  the  remaining  lands  were  transferred  to  the  Navy  De- 
partment for  use  in  connection  with  the  naval  magazine  at  that 
place,  leaving  under  control  of  the  War  Department  the  southerly 
portion  of  the  reservation,  including  Fort  Mifflin. 

Title. — 1.  Act  of  the  State  legislature  approved  April  15,  1795, 
ceding  to  the  United  States  an  island  in  the  Delaware  River,  called 
Mud  Island. 

2.  Deed  from  the  Philadelphia  Board  of  Health,  dated  August  5, 
1808,  conveying  "  The  Lazaretto  "  lands  on  State  Island,  containing 
6  acres  3  roods  and  25  perches  of  land.     Recorded  in  book  E  F, 
No.  31,  page  320,  etc.,  of  the  deed  records  of  the  city  and  county  of 
Philadelphia.     (Sale  authorized,  without  specifying  to  whom,  by  act 
of  the  State  legislature  approved  Feb.  14,  1801.) 

3.  Deed  from  John  W.  Ashmead  and  wife,  dated  March  23,  1851, 
conveying  98  acres  and  11  perches  of  land.    Recorded  in  book  G  W  C, 
No.  91,  page  491,  etc.,  of  same  records. 

Revocable  licenses. — November  5,  1880,  to  the  Treasury  Depart- 
ment to  erect  a  set  of  range  lights  on  the  reservation. 

November  16, 1882,  to  the  Baltimore  &  Ohio  Telegraph  Co.  to  land 
cable  and  erect  poles  on  the  reservation. 

Jurisdiction. — Ceded  to  the  United  States  by  act  of  the  State  legis- 
lature cited  above,  which  act  is  as  follows : 

SECTION  1.  Be  it  enacted,  etc.,  That  all  the  right,  title,  property,  and  interest 
of  this  Commonwealth  in  and  to  the  island  commonly  called  Mud  Island, 
situate  in  the  River  Delaware,  together  with  all  the  improvements  thereon 
erected,  placed,  or  being,  shall  be,  and  hereby  are,  ceded  to  and  vested  in  the 
United  States  of  America,  as  fully,  absolutely,  and  to  the  same  extent,  as  this 
Commonwealth  now  holds  and  is  entitled  in  and  to  the  same :  Provided  Always, 
Nevertheless,  That  if  the  said  United  States  shall  not  accept  the  same  within 
one  year  from  the  passing  of  this  act,  then,  and  in  that  case,  the  cession  hereby 
made  shall  be  absolutely  void,  and  of  no  effect:  Provided  further,  That  the 
State  of  Pennsylvania  may  at  all  times  occupy  the  said  island  and  fortifications, 
whenever  the  same  shall  not  be  possessed  by  a  military  force  under  the  United 
States:  And  provided  further,  That  the  jurisdiction  of  the  State  of  Pennsyl- 
vania over  the  said  island,  in  civil  and  criminal  cases,  be  the  same  as  before 
the  passing  of  this  act.  (Act  approved  Apr.  15,  1795.) 

Cessions  of  jurisdiction  over  portions  of  the  reservation  acquired 
subsequently  to  the  cession  of  Mud  Island  have  not  been  found. 

MILITIA    RIFLE    RANGE. 

This  range  is  situated  in  Delaware  County  (87.83  acres)  and  in 
the  fortieth  ward,  city  of  Philadelphia  (40  acres) ;  total  area,  127.83 
acres. 

Title.— I.  Deed  dated  December  16,  1910,  from  John  Scott,  jr., 
and  wife,  conveying  87.83  acres,  in  Delaware  County.  Recorded  in 


PENNSYLVANIA.  327 

office  for  recording  of  deeds  in  and  for  Delaware  County  in  deed 
book  R,  No.  14,  page  229. 

2.  Deed  dated  August  18,  1910,  from  William  S.  P.  Shields  and 
Avife,  conveying  40  acres  in  the  fortieth  ward,  city  of  Philadelphia. 
Recorded  in  the  office  for  recording  of  deeds  in  and  for  the  city  and 
county  of  Philadelphia,  in  deed  book  W  S  V,  No.  1380,  page  485. 

ODD  FELLOWS'  CEMETERY  (SOLDIERS'  LOT). 

This  reservation  is  situated  in  Odd  Fellows'  Cemetery,  on  north 
side  of  Islington  Lane,  in  Penn  Township,  now  city  of  Philadelphia, 
and  contains  an  area  of  about  9,040  square  feet. 

Title— Deed  from  the  Odd  Fellows'  Cemetery  Co.,  of  Philadel- 
phia, dated  April  27,  1868,  conveying  above  property.  Recorded  in 
book  J  T  O,  No.  151,  page  354,  etc.,  of  the  deed  records  of  the  city  and 
county  of  Philadelphia. 

Jurisdiction. — See  "  General  act  of  cession." 

PHILADELPHIA  DEPOT  OF  THE  QUARTERMASTER'S  DEPARTMENT. 

This  reservation  is  situated  in  the  city  of  Philadelphia  and  con- 
tains an  area  of  8  acres  2  roods  and  16  perches.  The  name  was 
changed  from  "  Schuylkill  Arsenal  "  to  "  Philadelphia  depot  of  the 
Quartermaster's  Department"  by  G.  O.  78,  W.  D.,  July  25,  1873. 

Title. — Deed  from  Elizabeth  Sober  et  al.  to  Hon.  James  McHenry, 
in  trust  for  the  United  States,  dated  July  6,  1799,  conveying  by  de- 
scription the  above  lands.  Recorded  in  book  No.  77,  page  516,  etc..  of 
the  deed  records  for  the  city  and  county  of  Philadelphia. 

Easement. — Right  of  way  granted  through  this  reservation  to  the 
Schuylkill  River  East  Side  Railroad  Co.  by  act  of  Congress  May  1. 
1886  (24  Stat.,  17).  Location  approved  May  21,  1886,  and  accepted 
by  grantee  June  8,  1886. 

Jurisdiction. — Ceded  to  the  United  States  by  an  act  of  the  State 
legislature  approved  June  13,  1840,  which  provides  as  follows: 

SEC.  3.  That  the  jurisdiction  of  the  State  of  Pennsylvania  is  hereby  ceded  to  the 
United  States  of  America,  for  the  purpose  of  erecting  and  maintaining  thereon, 
arsenals,  magazines  and  other  necessary  buildings,  over  all  those  certain  tracts, 
pieces,  or  parcels  of  land  situate  *  *  *  in  the  County  of  Philadelphia  *  *  *. 
And  the  description  and  boundaries  of  the  last-mentioned  of  the  foregoing  tracts, 
as  set  forth  in  the  deed  executed  by  Elizabeth  Sober  et  al.  to  James  McHenry 
on  the  6th  day  of  July.  1799,  being  as  follows,  to  wit :  [Here  describes  tract 
near  Schuylkill  River,  at  Grays  Perry.]  The  evidences  of  the  several  purchases 
of  the  land  which  is  hereby  ceded  bemg  recorded  in  the  office  of  the  Clerk  of  the 
County  of  Philadelphia. 

SEC.  4.  The  jurisdiction  so  ceded  to  the  United  States  of  America,  is  granted 
upon  the  express  condition,  that  the  said  State  of  Pennsylvania,  shall  retain  a 
concurrent  jurisdiction  with  the  United  States,  in  and  over  the  tracts  of  land 
aforesaid,  so  far  as  that  civil  process  in  all  cases  and  such  criminal  process  a*s 
may  issue  under  the  authority  of  the  State  of  Pennsylvania,  against  any  person 
or  persons  charged  with  the  crimes  committed,  without  the  said  tracts  of  land, 
may  be  executed  therein,  in  the  same  way  and  manner,  as  if  this  jurisdiction  had 
not  been  ceded.  The  United  States  are  to  retain  such  jurisdiction  so  long  as 
said  tracts  of  land  shall  be  used  for  the  purposes  expressed  in  the  foregoing 
sections  and  no  longer. 

PHILADELPHIA   NATIONAL  CEMETERY. 

This  reservation  is  situated  at  Germantown,  within  the  corporate 
limits  of  the  city  of  Philadelphia,  being  the  west  corner  of  Haines 


UNITED    STATES    MIMTAKV    KrSKKVATlONS.  F/TO. 

Street  and  Limekiln  Turnpike  Koad,  in  twenty  second  ward  of  s:i'ul 
city,  and  contains  an  :uva  of  i:>  acres  1  rood  and   11.7  perches. 

/'///,-.      Peed  1'roin  Henry  (i.  Freeman  and  wife,  dated  January  '2<>, 

1885,  conveying  above  tract.    Kecorded  in  hook  (\  (\  \\  No.  %JO  page 
127,  etc.,  of  the  deed  records  of  (ho  city  aiul  county  of  Philadelphia, 

Jurisdiction* — See  "General  act  of  cession." 

riTTsui/KCtii  sTOKu;r    \NP  SITIM.Y   PKPOT. 

This  reservation  is  situated  on  'lie  east  side  of  the  Allegheny  Kiver, 
in  Pittsburgh,  Allegheny  County,  aiul  contains  an  area  of  ahont 
acres,  excluding  the  tract  of  ahout  ,">  acres  which  \vas  transferred  to 
the  Treasury  IVpartment  June  1,  1904,  uiuler  act  of  (Vngrcss  ap- 
proved March  3.  1903  (82  Stat.,  lOSS),  for  a  marine  hospital  site, 
li  \\as  formerly  known  as  the  Allegheny  Arsenal,  hut  the  arsenal  \vas 
abolished  May  1.  l:UM.  aiul  the  name  was  changed  t(^  "  Pittsburi; 
Storage  and  Supply  Depot,"  by  (\.  O.  -10.  \V.  D.,  February  -M,  i 

Tide.— 1.  Deed  from  William  H.  Foster  and  wife,  dated  April  i>9. 
1S1  t,  conveying  :W  acres  of  land.  Kecoriled  in  book  T,  pa^e  — ,  of 
the  deed  records  of  Alleirheny  Bounty,  at  Pittsburgh.  May  -J,  1814. 

•'.  Peed  from  Alha  l-'i>k  and  wife,  dated  May  \:\,  1SU,  conveying 
6.46  acres.  Recorded  in  book  P  2,  volume  40,  page  601,  etc.,  of  same 
records, 

8.  Deed  from  Anthony  Dravo  and  wife,  dated  June  S.  L888,  con 
veying  1  acre  and  0.64  of  a  perch  of  land.     Recorded  in  book  V  2, 
volume  -l.\  P;  i'  same  records. 

4.  Deed  trom   William   K.   Hamilton  et   al.,  dated   November  -JO, 

1886,  conveying  right  to  water,  etc.    Recorded  in  hook  T  ;*a,  volume 
52,  page  480,  etc.,  of  same  records. 

5.  Deed  from  Alba  Fisk  and  wife,  dated  June  (>,  1S:>7,  conveying 
C.SSO  square   feet   of  land.      Recorded   in  book  1>  ;^,  volume  ;>^.  page 
400,  etc.,  of  same  records. 

6.  Deed  from  Philip  Weisenberger  et  al..  trustees,  etc.,  dated  April 
19,  1867,  conveying  lots  1,  2,  8,  and  4  of  the  borough  of  Lawrence- 
ville,  containing  about  10.000  square  feet  of  land.      Recorded  in  deed 
book,  volume  -IS.  page  396,  of  same  records. 

Deed  to  the  city  of  Pittsburgh,  dated  October  ;>.  UM  •'>,  convey  in  j: 
13J  acres  of  land' within  the  reservation  in  exchange  for  111  acres 
conveyed  to  the  United  States  for  the  use  of  the  Hureau  of  Mines, 
Interi'or  IVpartment.  and  for  perpetual  riirht  to  be  furnished  from 
the  city  water  mains  all  the  water  thereafter  needed  for  all  purposes 
upon  the  reservation.  Exchange  made  pursuant  to  section  -Jt>  of  the 
act  of  Congress  approved  March  -1,  li>i:i.  (,°>7  Stat.  SSfO 

Easements. — Act  of  Congress,  approved  February  14.  1S.V>  (10 
Stat.,  T;>n.  irranted  a  ridu  of  way  across  the  reservation  to  the  Alle- 
srheny  Valley  RailroadVo.  Act"  of  June  '_V>,  1ST!  (IS  Stat.,  t280), 
pnn-ided  for  the  extension  of  a  line  between  the  existing  line  and  the 
Allegheny  River.  Act  of  February  -J8,  liW  (IU  Stat,  85),  irranted 
additional  right  of  way  and  provided  for  a  siding  \vitiiin  the 
reservation. 

The  reservation  is  bisected  by  a  public  paved  street  called  Butler 
Street,  upon  which  is  located  a  street  car  track. 


PENNSYLVANIA.  329 

Leaxt. — October  22.  1011.  to  city  of  Pittsburgh  of  land  on  cor 
of  Forty-fourth  and  Grant  Streets  known  as  "springs  site,"  with 
right  of  way.  f-tc. 

Revocable  K^n^.— -November  19,  1885,  to  the  Philadelphia  Co. 
to  lay  a  24-inch  pipe  through  the  reservation. 

June  27.  1887,  to  the  Chartiers  Valley  Gas  Co.  to  lay  a  24-inch 
pipe  through  the  reservation. 

;,terrjW  11.  1889,  to  Equitable  Gas  Co.,  to  lay  a  16-inch  pipe 
through  reservation. 

March  30,  1901,  to  the  city  of  Pittsburgh  to  lay  a  water  main 
through  the  reservation. 

A'  1904,  to  the  Pittsburgh  Natural  Gas  Co.  to  lay  a  16-inch 

;ne  through  the  reservation. 

September  7,  1904,  to  the  Philadelphia  Co.  to  maintain  a  line  of 
poles  upon  the  reservation,  heretofore  placed  and  maintained  under 
permission  of  the  post  commander. 

September  21.  1007.  to  the  Allegheny  County  Light  Co.  to  erect 
s  ml  maintain  electric  light  poles  and  wires  on  and  across  the  reser- 
vation. 

January  8,  1914,  to  Bureau  of  Standards,  Department  of  Com- 
merce, to  erect  small  temporary  kiln  on  reservation. 

Jv  >n. — Ceded  to  the  United  States  by  acts  of  the  State  legis- 

lature, passed  March  19, 1816,  and  February  14, 1845,  which  acts  pro- 
vide as  follows: 

SECTION  1.  Be  it  enacted,  etc.,  That  the  consent  of  the  Legislature  of  the  Com- 
monwealth of  Pennsylvania  is  hereby  granted  to  a  purchase,  which  the  United 
States  have  lately  made  from  William  B.  Foster,  of  a  certain  tract  of  land  situ- 
ate on  the  Allegheny  River,  about  two  miles  above  Pittsbnrg,  bounded  as  fol- 
:  [Here  describes  land  as  set  out  in  the  Foster  deed,  supra.]  For  a  mili- 
tary station  and  establishment  for  the  ordnance  department:  Provided,  That 
nothing  herein  contained  shall  extend,  or  be  construed  to  extend,  so  as  to  impede 
or  prevent  the  execution  of  any  process,  civil  or  criminal,  under  the  authority 
of  this  State.  (Act  approved  Mar.  19,  1816.) 

SECTION  1.  Be  it  enacted,  etc.,  That  the  assent  of  the  Legislature  of  the  Com- 
monwealth of  Pennsylvania  is  hereby  granted  to  a  purchase  made  by  the  United 
States  of  certain  land  from  Alba  Fisk  and  wife  on  the  Thirteenth  day  of  May, 
Eighteen  hundred  and  thirty-one,  and  also  to  the  purchase  of  certain  other  land 
from  Anthony  Dravo  and  wife  on  the  Eighth  day  of  June,  Eighteen  hundred  and 
thirty-three,  and  also  to  the  purchase  of  certain  other  land  from  Alba  Fisk 
and  wife  on  the  Sixth  day  of  June,  Eighteen  hundred  and  thirty-seven,  all  of 
which  pieces  of  land  are  included  within  the  boundaries  of  the  United  States 
Arsenal  near  Pittsburg  and  adjoining  the  piece  described  in  the  act  to  which 
this  is  an  addition,  and  containing  about  Eight  Acres,  according  to  the  bound- 
aries described  in  the  deeds  of  the  purchase  above  mentioned  and  under  like 
terms  and  conditions  as  are  prescribed  in  the  act  to  which  this  is  an  addition. 

That  if  at  any  time  hereafter  any  further  or  additional  quantity  of 
land  shall  be  purchased  by  the  United  States  for  the  use  of  said  arsenal,  this 
act  shall  be  construed  to  vest  in  the  United  States  jurisdiction  over  the  same  to 
the  same  extent  as  it  is  vested  by  this  act  over  the  pieces  above  described. 
(Approved  Feb.  14,  1845.) 

PRESQUE  ISLE. 

This  reservation  is  a  peninsula  lying  to  the  northward  of  and  in- 
closing the  bay  of  Presque  Isle,  commanding  the  entrance  to  the  har- 
bor of  Erie,  in  Erie  County,  and  contains  an  area  of  about  2.024  acres. 

Title  and  ./>/r?V//V-i?/'/>7i. — Deed  from  "The  Marine  Hospital  of 
Pennsylvania."  dated  May  2J  or.nveymj?  the  above  2.024  acre? 

of  land.  Recorded  in  book  No.  40,  page  634,  etc.,  of  the  deed  records 
of  Erie  County. 


330  UNITED    STATES    MILITARY   RESERVATIONS,  ETC. 

Consent  to  the  purchase  of  said  land  and  jurisdiction  ceded  to  the 
United  States  by  acts  of  the  State  legislature  approved  April  18, 
1795,  and  May  11, 1871,  which  acts  provide  as  follows: 

SEC.  3.  And  ~be  it  further  enacted,  etc.,  That  the  said  Commissioners  shall  also 
survey  or  cause  to  be  surveyed,  previously  to  and  exclusively  of  the  survey  of  the 
said  town  lots  and  outlets,  one  lot  of  sixty  acres  on  the  southern  side  of  the 
harbor  of  Presque  Isle  one  moiety  thereof  upon  the  bank,  and  the  other  moiety 
below  the  bank  comprehending  the  point  at  the  entrance  of  the  harbor,  one  lot  of 
thirty  acres  on  the  peninsula,  at  or  near  the  entrance  of  the  harbor,  and  one  other 
lot  on  the  peninsula,  to  contain  one  hundred  acres,  for  the  accommodation  and 
use  of  the  United  States,  in  erecting  and  maintaining  forts,  magazines,  arsenals 
and  dockyards  thereon,  and  in  such  other  improvements  as  the  United  States 
may  judge  proper  to  make  for  their  advantage  and  convenience ;  and  the  situa- 
tions and  forms  of  the  said  three  lots  shall  be  chosen  and  fixed  with  a  special 
reference  to  the  uses  aforesaid  by  the  said  Commissioners,  and  the  engineer  who 
shall  be  employed  by  the  United  States,  if  any  such  shall  be  appointed  and  shall 
attend  for  that  purpose;  and  the  said  Commissioners  shall  with  all  convenient 
despatch,  return  and  file  in  the  office  of  the  Secretary  of  the  Commonwealth,  a 
draft  of  the  location  and  survey  of  the  said  three  last-mentioned  lots,  and  the  said 
draft  being  approved  by  the  Governor,  and  recorded  by  the  Secretary,  shall  be 
deposited  in  the  office  of  the  Surveyor-General,  and  it  shall  be  lawful  for  the 
United  States  at  any  time  thereafter  to  take  possession  of  and  occupy  the  said 
three  last-mentioned  lots,  and  thereon  to  erect,  establish  and  maintain  all 
necessary  forts,  magazines,  arsenals  and  dockyards,  and  to  make  such  other 
improvements  thereon,  as  they  may  judge  proper,  and  the  same  to  continue 
to  possess,  occupy  and  hold  so  long  as  they  shall  deem  it  expedient  to  main- 
tain and  shall  actually  maintain  a  fort,  garrison  or  other  military  establish- 
ment at  or  near  Presque  Isle  and  no  longer :  Provided,  Ahc/ays,  That  if  the  Mill 
seats  on  the  creek  running  near  the  ruins  of  the  old  French  fort  should  fall 
within  the  cessions  hereby  made  to  the  United  States,  the  same  shall  neverthe- 
less be,  and  hereby  are,  reserved  for  the  use  of  this  State  with  the  right  of 
erecting  mills  thereon,  but  no  buildings,  mills  excepted,  shall  be  erected  within 
six  hundred  yards  of  the  centre  of  any  fort  which  shall  be  erected  by  the  Kiiitoil 
States,  on  either  of  the  lots  ceded  to  them  as  aforesaid :  Provided  also,  That  it 
shall  be  lawful  to  lay  out  and  open  convenient  roads  through  such  parts  of  the 
said  three  lots  as  the  reasonable  accommodation  of  the  State  or  its  citizens  may 
require  without  injury  to  the  United  States,  with  respect  to  the  object  of  the 
cession;  and  it  is  the  express  intent  and  meaning  of  this  act,  that  nothing 
herein  contained  shall  be  deemed,  construed,  or  in  any  wise  taken  to  cede  and 
transfer  unto  the  United  States  the  jurisdiction  or  right  of  soil  in  and  to  the 
said  three  last-mentioned  lots,  but  only  the  occupancy  and  use  thereof  for  the 
purposes  aforesaid.  (Act  approved  Apr.  18,  1795.) 

SECTION  1.  Be  it  enacted,  etc.,  That  the  sum  of  thirty  thousand  dollars  is 
hereby  appropriated  to  the  Marine  Hospital  at  Erie,  for  the  purpose  of  fitting 
the  building  for  the  reception  of  patients  and  paying  the  debt  of  the  corpora- 
tion, but  only  on  the  condition  that  the  said  Marine  Hospital  Corporation  shall 
reconvey  to  the  State  of  Pennsylvania,  by  good  and  sufficient  deeds,  to  be  ap- 
proved by  the  Attorney-General,  all  lands  in  any  granted  to  said  Marine  Hos- 
pital by  its  act  of  incorporation,  approved  March  twenty-second,  Anno  Domini, 
one  thousand  eight  hundred  and  sixty-seven,  and  the  buildings  now  thereon, 
with  the  appurtenances,  to  be  held  by  the  State  for  the  uses  and  purposes 
defined  in  said  act  incorporating  the  Marine  Hospital  at  Erie,  and  on  the  fur- 
ther condition  that  said  Marine  Hospital  Corporation  shall  convey  to  the  United 
States  of  America  all  title  it  may  have  to  the  Peninsula  of  Presque  Isle,  ob- 
tained from  the  State  of  Pennsylvania  by  act  of  February  fourth,  Anno  Domini, 
one  thousand  eight  hundred  and  sixty-nine,  entitled  "A  supplement  to  an  act 
incorporating  the  Marine  Hospital  at  Erie,"  to  be  held  by  said  United  States 
as  near  as  may  be,  in  its  present  condition,  and  only  for  the  purposes  of 
national  defence  and  for  the  protection  of  the  harbor  of  Erie,  but  in  all  other 
respects  to  be  subject  to  the  civil  and  criminal  jurisdiction  of  the  State  of 
Pennsylvania ;  and  the  consent  of  the  State  of  Pennsylvania  is  hereby  given 
to  such  transfer  of  title,  only  for  the  purposes  and  under  the  limitations  here- 
inbefore mentioned.  *  *  *  (Act  approved  May  11,  1871.) 


PENNSYLVANIA.  331 

The  acceptance  of  title  from  "  The  Marine  Hospital  of  Pennsyl- 
vania "  was  authorized  by  act  of  Congress  approved  May  27,  1872 
(17  Stat.,  162),  as  follows: 

Be  it  enacted,  etc.,  That  the  Secretary  of  War  be,  and  he  is  hereby,  authorized 
and  empowered  to  receive  and  accept  from  "  The  Marine  Hospital  of  Pennsyl- 
vania," a  corporation  duly  incorporated  by  the  Commonwealth  of  Pennsyl- 
vania, the  title  to  a  piece  or  parcel  of  land,  being  the  peninsula  lying  to  the 
northward  of  and  inclosing  the  bay  of  Presque  Isle,  and  containing  two  thou- 
sand and  twenty-four  acres,  more  or  less,  to  be  held  by  the  Government  of  the 
United  States  for  the  protection  of  the  harbor  of  Erie:  Provided,  That  the 
deed  conveying  the  same  shall  not  be  received  or  accepted  until  the  title  to  the 
same  is  complete  and  indefeasible,  nor  unless  the  acceptance  thereof  shall  be 
recommended  by  a  board  of  officers  of  the  corps  of  engineers  appointed  by  the 
President. 

Title  to  said  peninsula  was  finally  accepted,  on  December  14,  1886, 
by  the  Secretary  of  War,  although  not  reported  as  complete  and 
indefeasible,  by  directing  that  the  same  should  be  entered  upon  and 
taken  possession  of  in  behalf  of  the  United  States  under  authority 
of  the  following  provision  of  act  of  Congress  approved  August  5, 
1886  (24  Stat.,  312)  : 

That  the  Secretary  of  War  be,  and  he  is  hereby,  authorized  and  directed  to 
receive  and  accept  for  the  United  States,  from  the  Marine  Hospital  of  Erie, 
Pennsylvania,  the  title  to  the  peninsula  of  Presque  Isle,  at  Erie,  Pennsylvania, 
as  tendered  by  the  said  Marine  Hospital  agreeably  to  the  provisions  of  an  act 
of  the  legislature  of  the  State  of  Pennsylvania  approved  May  eleventh,  eighteen 
hundred  and  seventy-one. 

Easements. — Act  of  Congress,  approved  February  23,  1893  (27 
Stat.,  472),  authorized  the  commissioner  of  water  works  of  the  city 
of  Erie  to  extend  the  intake  pipe  across  the  bay  of  Presque  Isle  to 
the  peninsula,  and  thence  across  the  lands  of  the  United  States  into 
Lake  Erie. 

Act  of  Congress,  approved  March  24,  1910  (36  Stat.,  262),  author- 
ized the  Department  of  Fisheries  of  the  State  of  Pennsylvania  to 
occupy  a  portion  of  the  "  Presque  Isle  Peninsula  "  for  the  purpose 
of  establishing  and  maintaining  thereon  a  hatchery  for  the  propaga- 
tion of  game  and  food  fishes  under  such  plans  and  specifications  as 
might  be  approved  by  the  Secretary  of  War.  Plans  and  specifica- 
tions therefor  approved  by  the  Secretary  of  War,  November  28. 
1913. 

Revocable  license. — December  21,  1910,  to  the  Department  of  Com- 
merce and  Labor  to  occupy  two  strips  of  land  on  Presque  Isle  Penin- 
sula, each  100  yards  wide,  for  lighthouse  purposes. 

PROSPECT    HILL    CEMETERY     (  SOLDIERS5    LOT). 

This  reservation  is  situated  about  one-fourth  of  a  mile  north  of 
the  borough  of  York,  on  the  west  side  of  the  Harrisburg  Turnpike 
road,  in  York  County,  and  is  known  as  Lot  No.  689,  Section  A,  in 
Prospect  Hill  Cemetery. 

Title. — Evidenced  by  a  certificate  issued  under  the  seal  of  the 
trustees  of  the  Prospect  Hill  Cemetery,  signed  by  William  A.  Wilt, 
president,  and  W.  Butzel,  secretary,  a  copy  of  which  is  on  file  in  the 
office  of  the  Judge  Advocate  General  at  Washington,  D.  C. 


332  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

TOBYHANNA  ARTILLERY  TARGET  RANGE. 

This  reservation  is  situated  near  Tobyhanna,  in  the  townships  of 
Coolbaugh,  Monroe  County,  and  Lehigh,  Wayne  County.  It  con- 
tains an  area  of  18,410  acres,  more  or  less,  and  was  acquired  under 
authority  of  the  act  of  Congress  approved  March  2,  1913  (37  Stat., 
710). 

Title. — 1.  Deed  from  Charles  J.  Sherman  and^wife  dated  July  20, 
1914,  conveying  155J  acres.  Eecorded  in  deed  book  74,  page  619,  of 
the  deed  records  of  Monroe  County. 

2.  Deed  from  Sydenham  H.  Rhodes  dated  November  27,  1914,  con- 
veying 399  acres,  90  perches.    Recorded  in  deed  book  75,  page  146, 
of  same  records. 

3.  Deed  from  the  Monroe  Water  Supply  Co.,  dated  June  12,  1915, 
conveying  17,855  acres,  more  or  less.    Recorded  in  deed  book  76,  page 
34,  of  same  records ;  also  in  book  107,  page  390,  of  the  deed  records  of 
Wayne  County. 

PHILIPPINE  ISLANDS.1 

ARMY    MORGUE. 

See  "  Manila  reservations." 

AUGUR  BARRACKS    (INCLUDING  ASTURIAS). 

This  reservation  is  situated  in  the  municipality  of  Jolo,  Province 
of  Moro,  Island  of  Jolo,  and  comprises  six  tracts  of  land  having  an 
aggregate  area  of  216.8026  hectares  (about  535.71  acres),  with  metes 
and  bounds  as  given  in  paragraph  1,  b,  Executive  order  of  November 
10,  1904  (G.  O.  177,  W.  D.,  Nov.  21,  1904),  and  in  Executive  order 
of  February  14,  1913  (No.  1703).  It  is  known  as  military  reserva- 
tion case  No.  30,  in  the  court  of  land  registration,  Philippine  Islands, 
and  is  shown  on  the  following  bureau  of  lands  plans:  Augur  Bar- 
racks, Jolo,  II  6480,  and  Asturias  II  6490.  Final  decree,  under  act 
627,  Philippines  Commission,  reported  in  February,  1914,  as  pending. 

Name  of  reservation  changed  from  Jolo  to  Augur  Barracks  (G.  0. 
219,  W.  D.,  Oct.  30,  1909). 

Title.— Executive  order  of  November  10,  1904  (G.  O.  177,  W.  D., 
Nov.  21,  1904),  setting  aside  for  military  purposes  a  main  reserva- 
tion of  about  339.7  acres  and  Fort  Asturias  (Princesa  de  Asturias), 
containing  about  58.42  acres.  Executive  orders  of  May  17,  1905 
(G.  O.  76,  W;.  D.,  May  25,  1905),  and  of  February  14,  1913  (No. 
1703),  increasing  the  area  of  the  main  reservation  to  477.3  acres. 

The  following  certificates  of  title  cover  the  acquisition  of  private 
tracts  within  the  reservation: 

1.  Transfer  No.  19;  December  13,  1906;  from  Leopoldo  Canizares 
Tiana;  432.91  square  meters. 

2.  Transfer  No.  24;  June  29,  1909;   from  same  person;  344.95 
square  meters. 

1  Data  as  to  reservations  in  the  Philippine  Islands  compiled  in  part  from  report  of 
the  department  commander,  Philippine  Department,  made  in  February,  1914,  and  In 
part  from  title  papers  on  file  in  the  office  of  the  Judge  Advocate  General  of  the  Army. 


PHILIPPINE  ISLANDS.  333 

3.  Transfer  No.  21;  January  10,  1907;  from  Eduardo  Schuck; 
7.8132  hectares. 

4.  Transfer  No.  23;  January  14,  1907;  from  Clara  Atilana  Asing, 
widow,  and  as  guardian;  about  4.901  hectares  situated  within  the 
limits  of  Fort  Asturias,  supra. 

Revocable  license. — August  4,  1915,  to  the  municipality  of-Jolo  to 
construct  and  maintain  a  road  across  reservation. 

BATAN  RESERVATION. 

This  reservation  is  situated  on  Batan  Island,  Cacraray  Island,  and 
several  small  islands  which  lie  off  the  coast  of  Luzon,  in  the  Province 
of  Albay,  Luzon,  at  longitude  124°  east,  and  between  13°  10'  and 
13°  20'  north  latitude,  and  contains  an  area  of  about  3,881.5214 
hectares  (9,591.24  acres).  It  is  known  as  military  reservation  cases 
Nos.  37,  39  and  59,  in  the  court  of  land  registration,  Philippine 
Islands,  and  final  decree,  under  act  627,  Philippines  Commission,  on 
cases  37  and  39  is  dated  December  12, 1912,  and  on  case  59  is  reported 
in  February,  1914,  as  pending. 

Title.— Executive  order  of  March  10,  1906  (G.  O.  60,  W.  D.,  Mar. 
23,  1906),  reserving  for  military  purposes  certain  public  lands  on 
Batan  and  Cacraray  Islands;  Executive  order  of  August  14,  1908 
(G.  O.  142,  W.  D.,  Sept.  1,  1908),  adding  all  submerged  areas,  reefs, 
and  rocks  within  1,000  yards  of  the  shore  and  fronting  the  reserva- 
tion: and  Executive  order  of  July  1,  1909  (G.  O.  145,  W.  D.,  July 
16,  1909),  adding  Mango  Island  and  Nagtagan  Islands,  lying  in 
Cacraray  Pass  between  Batan  and  Cacraray  Islands. 

The  following  certificate  of  title  covers  the  acquisition  of  a  private 
tract  within  the  reservation: 

Transfer  No.  7;  February  17,  1910;  from  A.  U.  Betts  et  ux.; 
14.9556  hectares  (about  37  acres)  on  Cacraray  Island. 

Five  coal  claims  on  Batan  Island  were  purchased  April  21,  1906, 
for  $50,000  under  authority  of  act  of  Congress  approved  February 
26,  1906  (34  Stat.2  23),  from  Munoz  &  Villaneva:  consisting  of  the 
following  coal  mines:  Uregera,  Perseverancia,  Balerma,  Ganalda, 
and  San  Francisco. 

Revocable  license.— -June  23,  1909 ;  to  the  East  Batan  Coal  Co. ;  to 
construct  and  maintain  a  telephone  line  across  Batan  Island. 

BATAAN  RESERVATION. 

See  "  Subic  Bay  reservations." 

CACRARAY. 

See  "Batan  Reservation." 

CALUMPAN  POINT. 

See  "  Manila  Bay  reservations." 

CAMP  BUMPU8. 

This  reservation  is  situated  in  the  municipality  of  Tacloban,  Prov- 
ince of  Leyte,  island  of  Leyte,  and  contains  an  area  of  41.7548 


334  UNITED    STATES    M1LITAKY    RESERVATIONS,  ETC. 

hectares  (103.18  acres).  It  is  shown  on  bureau  of  lands  plan  No. 
P.  S.  U.  1721,  and  is  known  as  military  reservation  case  No.  18,  in 
the  court  of  land  registration,  Philippine  Islands.  Final  decree,  un- 
der act  627,  Philippines  Commission,  is  dated  February  13,  1912. 

Title.— Executive  order-  of  September  1,  1903  (G.  6.  34,  W-  D., 
Oct.  13,  1903),  reserving  the  above  tract,  subject  to  private  rights, 
for  military  purposes. 

The  following  certificates  of  title  cover  the  acquisition  of  private 
tracts  within  the  reservation : 

1.  Transfer  No.  23;  June  20,  1911;  from  McLeod  &  Co.;  22,731 
square  meters. 

2.  Transfer  No.  27;   July  7,  1911;   from  Gervasio  Magayanes; 
47,562  square  meters. 

3.  Transfer  No.  28;  July  7,  1911;   from  Casiano  Trinchera,  as 
administrator  of  the  estate  of  Tomas  Soriano;  201.20  square  meters. 

4.  Transfer  No.  29;  September  13,  1905;  from  Amzi  B.  Kelly; 
164.624  square  meters. 

5.  Transfer  No.  30 ;  July  1,  1911 ;  from  Illuminado  Lucente,  as  ad- 
ministrator of  the  estate  of  Esperidion  Brillo  y  Gines;  1,767  square 
meters. 

6.  Transfer  No.  31 ;  January  21,  1907 ;  from  Amzi  B.  Kelly,  as  ad- 
ministrator of  the  estate  of  Telesf  oro  Soriano ;  153.880  square  meters. 

7.  Transfer  No.  32;  August  8,  1905;  from  Amzi  B.  Kelly;  2,172 
square  meters. 

8.  Transfer  No.  33 ;  December  19,  1906 ;  from  same  person ;  42,528 
square  meters. 

9.  Transfer  No.  34;  January  31,  1907;  from  same  person;  20,694 
square  meters. 

10.  Transfer  No.  35;  August  9,  1905;  from  Maria  Salavarria,  as 
part  owner  and  administratrix  of  the  estate  of  Jose  Mi j  ares  y  Del 
feosario;  1,776  square  meters. 

11.  Transfer  No.  36 ;  September  1,  1905 ;  from  Patenciano  Salazar, 
as  part  owner  and  Guillermo  de  Los  Reyes  as  special  administrator 
of  the  estate  of  Alejandro  de  Los  Reyes;  40,111  square  meters. 

12.  Transfer  No.  37 ;  August  10, 1905 ;  from  Amzi  B.  Kelly ;  24,227 
square  meters. 

CAMP    CON  NELL. 

This  reservation  is  situated  in  the  municipality  of  Calbayog,  Prov- 
ince of  Samar,  island  of  Samar,  and  contains  an  area  of  128.157  hec- 
tares (316.67  acres),  with  metes  and  bounds  as  given  in  G.  O.  201, 
W.  D.,  September  27,  1907.  It  is  known  as  military  reservation  case 
No.  20,  in  the  court  of  land  registration,  Philippine  Islands,  and 
final  decree  under  act  627,  Philippines  Commission,  is  dated  Decem- 
ber 7, 1912. 

Title.— Executive  order  of  September  1,  1903  (G.  O.  34,  W.  D., 
Oct.  13, 1903),  setting  aside  said  reservation,  subject  to  private  rights, 
for  military  purposes, 

CAMP   DOWNES. 

This  reservation  is  situated  in  the  municipality  of  Ormoc,  Province 
of  Leyte,  island  of  Leyte,  and  contains  an  area  of  37.0610  hectares 


PHILIPPINE   ISLANDS.  335 

(about  91.58  acres),  with  metes  and  bounds  as  given  in  Executive 
order  of  July  26,  1913  (No.  1806).  It  is  shown  on  bureau  of  lands 
plan  No.  II  6226a,  and  is  known  as  military  reservation  case  No.  19, 
in  the  court  of  land  registration,  Philippine  Islands.  Final  decree, 
under  act  627,  Philippines  Commission,  is  dated  September  9, 1912. 

Title.— Executive  order  of  September  1,  1903  (G.  O.  34>_W.  D., 
Oct.  13,  1903),  reserving  certain  public  lands  for  military  purposes, 
subject  to  private  rights;  modified  by  Executive  orders  of  April 
9,  1907  (G.  O.  93,  W.  D.,  Apr.  18,  1907),  and  of  July  26,  1913 
No.  1806). 

The  following  certificates  of  title  cover  the  acquisition  of  private 
tracts  within  the  reservation : 

1.  Transfers  Nos.  10  and  11 ;  July  14, 1907,  and  November  28,  1905, 
respectively ;  from  Pablo  Tan ;  about  19.736  hectares. 

2.  Transfer  No.  46 ;  December  9,  1912 ;  from  Gregorio  Ortis  et  al. ; 
10.1014  hectares. 

CAMP  ELDRIDGE. 

This  reservation  is  situated  in  the  municipality  of  Los  Banos, 
Province  of  Laguna,  Island  of  Luzon,  and  contains  an  area  of 
233.2585  hectares  (576.38  acres).  It  is  shown  on  bureau  of  lands 
plan  No.  P.  S.  U.  2861,  and  is  known  as  military  reservation  case 
No.  28,  in  the  court  of  land  registration,  Philippine  Islands,  and 
final  decree,  under  act  627,  Philippines  Commission,  is  dated  May 
18,  1913. 

Title.— Executive  order  of  September  1,  1903  (G.  O.  34,  W.  D., 
Oct.  13,  1903),  setting  aside  a  tract  of  27.67  hectares  (68.35  acres) 
for  military  purposes,  subject  to  private  rights,  and  Executive  order 
of  December  6,  1904  (G.  O.  188,  W.  D.,  Dec.  14,  1904) ,  enlarging  the 
reservation  by  setting  aside  a  large  additional  area. 

The  following  certificates  of  title  cover  the  acquisition  of  private 
tracts  within  the  reservation: 

1.  Transfer  No.  1;  May  3,  1904;  from  Saturnina  Kizal;  276.610 
square  meters. 

2.  Transfer  No.  9;  July  27,  1908;  from  Don  Nicacio  Villegas; 
11,410  square  meters. 

3.  Transfer  No.  14;  February  6,  1909;  from  Ciriaca  Arguelles 
et  al ;  8,374  square  meters. 

4.  Transfer  No.  18;  January  7,  1909;  from  Esteban  Zarraga  and 
Ana  Gazal ;  128,592  square  meters. 

5.  Transfer  No.  19;  July  3,  1908;  from  W.  H.  Steinman;  3,074 
square  meters. 

6.  Transfer  No.  288;  December  16,  1914;  from  Ciriaca  Arguelles; 
83,198  square  meters. 

Military  wharf  and  right  of  way  to  same  is  covered  by  authority 
granted  by  resolution  of  the  municipal  council  of  Los  Banos,  dated 
May  11,  1903,  which  authorizes  the  military  government  to  construct 
a  dock  and  use  approach  to  same  through  the  town  of  Los  Banos. 

Authority  for  the  outlet  of  the  post  sewer  system  to  pass  through 
certain  streets  in  the  town  of  Los  Banos  was  granted  by  resolution 
of  the  municipal  council,  dated  January  30,  1910, 

12925°— 16 22 


336  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

Authority  for  post  sewer  system  to  cross  lands  of  F.  H.  Gollete 
granted  January  30,  1910,  by  W.  H.  Steinman,  agent  for  said  Gollete. 

Lease.— April  23,  1912,  to  W.  A.  McVean,  M.  D.,  for  five  years 
from  July  1,  1912,  of  plot  of  ground  in  northeast  corner  of  reserva- 
tion for  conducting  a  sanitarium  and  bathhouse. 

Revocable  licenses.— December  22,  1908,  to  W.  A.  McVean,  M.  D., 
to  make  connection  with  and  take  water  from  reservation  water- 
supply  system. 

July  8,  1910,  to  Manila  Railroad  Co.  to  construct  and  operate  rail- 
road across  the  reservation. 

October  10,  1913,  to  the  government  of  the  Philippine  Islands  to 
construct  and  maintain  a  telephone  line  across  the  reservation. 

October  8,  1910,  to  the  government  of  the  Philippine  Islands  to 
operate  a  quarry  on  reservation. 

CAMP  GREGG. 

This  reservation  is  situated  in  the  municipality  of  Bayambang, 
Province  of  Pangasinan,  Island  of  Luzon,  and  contains  an  area  of 
289.3781  hectares  (about  715.05  acres).  It  is  shown  on  bureau  of 
lands  plan  No.  II  5756,  and  is  known  as  military  reservation  case 
No.  52,  in  the  court  of  land  registration,  Philippine  Islands.  Final 
decree,  under  act  627,  Philippine  Commission,  reported  in  February, 
1914,  as  pending. 

Title.— Executive  order  of  September  1,  1903  (G.  O.  34,  W.  D., 
Oct.  13,  1903)  reserving  certain  public  lands  for  military  purposes, 
described  as  comprising  approximately  the  above  area. 

In  a  hearing  by  the  court  of  land  registration  set  for  April  17, 
1914,  claims  of  private  ownership  having  been  filed  covering  the 
entire  reservation,  the  court  ordered  the  registration  of  the  greater 
part  of  the  land  comprised  therein  as  private  property. 

General  Orders,  No.  43,  Headquarters  Philippine  Department, 
September  2,  1915,  directed  the  abandonment  of  this  post  as  a  mili- 
tary station. 

Ordinance  of  the  municipal  council  of  Bayambang,  Pangasinan, 
P.  I.,  dated  May  15,  1911,  grants  to  the  military  authorities  authority 
to  connect  with  the  town  artesian  well  and  lay  pipes  for  mains 
through  the  town  from  the  said  well  to  the  Military  Pumping  Plant. 

CAMP  JOHN  HAY. 

This  reservation  is  situated  in  the  municipality  of  Baguio,  Moun- 
tain Province,  subprovince  of  Benguet,  Island  of  Luzon,  and  con- 
tains an  area  of  695.5223  hectares  (about  1,718.66  acres),  with  metes 
and  bounds  as  given  in  Executive  orders  of  September  17,  1912 
(No.  1610),  and  November  3.  1913  (No.  1855).  It  is  shown  on  the 
following  bureau  of  lands  plans:  No.  II  5958  and  extension  (1855) 
II  5958  A.  M.  D.,  and  is  known  as  military  reservation  cases  Nos. 
40  and  64,  in  the  court  of  land  registration,  Philippine  Islands. 
Final  decree,  under  act  627,  Philippines  Commission,  reported  in 
February,  1914,  as  pending. 


PHILIPPINE  ISLANDS.  337 

Title.— Executive  order  of  October  10,  1903  (G.  O.  48,  W.  D., 
Nov.  3,  1903),  reserving  for  military  purposes,  subject  to  private 
rights,  a  tract  of  535.63  acres;  Executive  order  of  January  23,  1907 
(G.  O.  22,  W.  D.,  Jan.  30, 1907),  enlarging  the  area  of  the  reservation 
to  include  about  1,433  acres;  Executive  order  of  September  17,  1912 
(No.  1610),  restoring  to  the  Government  of  the  Philippine  Islands 
certain  lands  formerly  included  within  the  reservation,  and  reserving 
certain  other  lands;  and  Executive  order  of  November  3,  1913  (No. 
1855),  enlarging  the  reservation  to  its  present  area. 

The  following  certificate  of  title  covers  the  acquisition  of  a  private 
tract  within  the  reservation:  Transfer  No.  41;  October  14,  1910; 
from  Metcalfe  A.  Clarke  et  al.;  148.9372  hectares  (368.0387  acres). 

CAMP   KEITHLEY. 

This  reservation,  formerly  called  "  Camp  Marahui,"  is  situated  OD 
Lake  Lanao,  on  the  Island  of  Mindanao,  and  contains  6,887.7826  hec- 
tares (about  17,019.99  acres),  with  metes  and  bounds  as  given  in  G.  O. 
205,  W.  D.,  Oct.  3,  1907.  It  is  shown  on  bureau  of  lands  plan  No. 
II  5919,  and  is  known  as  military  reservation  case  No.  27,  in  the 
court  of  land  registration,  Philippine  Islands.  Final  decree,  under 
act  627,  Philippines  Commission,  is  dated  February  5,  1913. 

Title.— Executive  order  of  January  19, 1905  (G.  O.  12,  W.  D.,  Jan. 
28,  1905),  reserving  for  military  purposes,  subject  to  private  rights, 
about  2,388  acres,  and  Executive  order  of  September  26,  1907  (G.  O. 
205,  W.  D.,  Oct.  3,  1907),  modifying  the  reservation  and  enlarging 
it  to  its  present  approximate  area  as  given  above. 

Revocable  licenses. — May  28,  1912,  to  G.  T.  Furuya,  to  cultivate 
land  lying  within  the  reservation. 

May  28,  1912,  to  John  Gigling,  to  cultivate  land  lying  within  the 
reservation. 

CAMP  OVERTON. 

This  reservation  is  situated  in  the  municipality  of  Iligan,  Province 
of  Moro,  Island  of  Mindanao,  and  comprises  an  area  of  1,307.2955 
hectares  (about  3,230.38  acres),  with  metes  and  bounds  as  given  in 
Executive  order  of  August  31,  1912  (No.  1595).  It  is  shown  on 
bureau  of  lands  plan  No.  II  5918,  and  is  known  as  military  reserva- 
tion cases  Nos.  43  and  63,  in  the  court  of  land  registration,  Philip- 
pine Islands.  Final  decree,  under  act  627,  Philippines  Commission, 
reported  in  February,  1914,  as  pending. 

Title.— Executive' order  of  July  11,  1903  (G.  O.  112,  A.  G.  O.,  July 
31, 1903) ,  reserving  a  tract  of  public  land  for  a  military  post ;  Execu- 
tive order  of  December  1, 1908  (G.  O.  200,  W.  D.,  Dec.  10,  1908),  en- 
larging the  reservation  by  the  addition  thereto  of  a  target  range;  and 
Executive  order  of  August  31, 1912  (No.  1595),  further  enlarging  the 
reservation  to  comprise  the  area  above  stated. 

CAMP  STOTSENBURG. 

This  reservation  is  situated  in  the  municipalities  of  Angeles,  Ma- 
balacat,  Bamban,  and  Capas,  Provinces  of  Pampanga  and  Tarlac, 


338  UNITED   STATES   MILITAKY   RESERVATIONS,  ETO. 

f 

Island  of  Luzon,  and  contains  an  area  of  63,214.9172  hectares  (156,- 
204.06  acres).  It  is  shown  on  bureau  of  lands  plan  No.  P.  S.  U.  2724, 
and  is  known  as  military  reservation  cases  Nos.  10  and  42,  in  the 
court  of  land  registration,  Philippine  Islands.  Final  decree,  under 
act  627,  Philippines  Commission,  reported  in  February,  1914,  as 
pending: 

Title.— Executive  order  of  September  1,  1903  (G.  O.  34,  TV.  D., 
Oct.  13,  1903),  reserving  for  military  purposes,  subject  to  private 
rights,  a  tract  of  3,103.47  hectares  (about  7,668.8  acres),  and  Execu- 
tive order  of  April  30,  1908  (G.  O.  83,  W.  D.,  May  18,  1908) ,  reserv- 
ing additional  lands  for  the  same  purposes  and  subject  to  the  same 
conditions,  thereby  enlarging  the  reservation  to  its  present  area  as 
above  stated. 

Revocable  license. — June  26,  1909,  to  the  Manila  Railroad  Co.,  to 
construct  a  water  tank  on  the  reservation. 

CAMP  WALLACE. 

This  reservation  is  situated  in  the  municipality  of  San  Fernando, 
Province  of  Union,  Island  of  Luzon,  and  contains  an  area  of  about 
194.65  hectares  (481  acres).  It  is  known  as  military  reservation  case 
No.  15,  in  the  court  of  land  registration,  Philippine  Islands.  Final 
decree,  under  act  627,  Philippines  Commission,  reported  in  February, 
1914.  as  pending. 

Title.— Executive  order  of  September  1, 1903  (G.  O.  34,  W.  D.,  Oct. 
13,  1903),  reserving  for  military  purposes,  subject  to  private  rights, 
the  area  above  described. 

COTABATO. 

This  reservation  is  situated  within  the  municipality  of  Cotabato, 
district  of  Cotabato,  Moro  Province,  Island  of  Mindanao,  and  com- 
prises the  following  lands,  area  2.4623  hectares  (about  6.084  acres)  : 

1.  Plot  24  (military  reservation). 

2.  Block  11. 

3.  Section  1  of  block  12. 

4.  Section  2  of  block  1. 

5.  Section  3  of  block  1. 

6.  Parcel  of  land  lying  northerly  of  block  11,  bounded  on  the  north 
by  the  Cotabato  River,  on  the  east  by  an  estero,  on  the  south  by  Paseo 
de  Villeron,  and  on  the  west  by  lot  60,  town  site  of  Cotabato. 

It  is  shown  on  bureau  of  lands  plans  Nos.  II  5212  B-C-D,  II  5309, 
and  II  6479,  and  is  known  as  military  reservation  cases  Nos.  46  and 
47,  in  the  court  of  land  registration,  Philippine  Islands.  Final 
decree,  under  act  627,  Philippines  Commission,  on  case  46,  dated  Sep- 
tember 9,  1912 ;  case  47  reported  in  February,  1914,  as  pending. 

Title.— Executive  order  of  April  28, 1910  (G.  O.  85,  W.  D.,  May  7, 
1910) ,  reserving  for  military  purposes,  subject  to  private  rights,  lands 
designated  under  1,  2,  3,  4,  and  5,  supra,  and  Executive  order  of  April 
20,  1911  (G.  O.  59,  W.  D.,  May  6,  1911),  reserving  lands  designated 
under  6  for  same  purposes  and  subject  to  same  conditions. 

CUARTEL  DE  ESPANA. 

See  "  Manila  reservations." 


PHILIPPINE   ISLANDS.  339 

CTJARTEL    MEISIC. 

See  "  Manila  reservations." 

DEPARTMENT  HOSPITAL. 

See  "  Manila  reservations." 

ESTADO   MAYOR. 

See  "  Manila  reservations." 

ISABELA  DE  BASILAN. 

This  reservation  is  situated  at  Isabela  de  Basilan,  municipality  of 
Zamboanga,  Moro  Province,  Island  of  Basilan,  and  contains  an  area 
of  1.0662  hectares  (about  2.634  acres).  It  is  shown  on  bureau  of 
lands  plan  No.  P.  S.  U.  2030a,  and  is  known  as  military  reservation 
case  No.  49,  in  the  court  of  land  registration,  Philippine  Islands. 
Final  decree,  under  act  627,  Philippines  Commission,  is  dated  Feb- 
ruary 5, 1913. 

Title.— Executive  order  of  June  19, 1903  (G.  O.  132,  Navy  Depart- 
ment, June  24,  1903),  reserving  the  above  tract  for  naval  purposes 
to  the  full  extent  that  it  was  formerly  occupied  by  the  Spanish  naval 
authorities,  and  Executive  order  of  June  17,  1910  (G.  O.  134,  W.  D., 
July  13,  1910),  transferring  the  same  to  the  War  Department  for 
military  purposes. 

Revocable  license. — May  22,  1914,  to  the  Government  of  the  Phil- 
ippine Islands,  to  occupy  and  use  a  slipway  and  a  plot  of  land  adja- 
cent thereto  within  the  reservation. 

LTJDLOW    BARRACKS. 

This  reservation  is  situated  in  the  municipality  of  Parang,  Moro 
Province.  Island  of  Mindanao,  and  contains  an  area  of  about  2,432.9614 
hectars  (6,011.85  acres),  with  metes  and  bounds  as  given  in  G.  O.  68, 
W.  D.,  April  10,  1909.  It  is  shown  on  "bureau  of  lands  plan  No.  II 
6,280,  and  is  known  as  military  reservation  cases  Nos.  25  and  44,  in 
the  court  of  land  registration,  Philippine  Island.  Final  decree, 
under  act  627,  Philippines  Commission,  is  dated  August  31,  1912. 

Name  of  reservation  changed  from  P«rang  to  Ludlow  Barracks 
(G.  O.  219,  W.  D.,  Oct.  30, 1909). 

'  Title.— Executive  order  of  February  15,  1904  (G.  O.  43,  W.  D., 
Mar.  4,  1904),  reserving  an  area  of  about  1,159  acres  for  military 
purposes,  subject  to  private  rights,  and  Executive  order  of  March 
30,  1909  (G.  O.  68,  W.  D.,  Apr.  10,  1909),  enlarging  the  reservation 
to  its  present  area. 

The  following  deed  and  certificates  of  title  cover  the  acquisition 
of  private  tracts  within  the  reservation: 

1.  Deed,  dated  June  27,  1906;  from  Tomas  Roales;  conveying 
1,730.43  square  meters. 


340  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

2.  Transfer  No.  7;  April  5, 1906;  from  Acisclo  Jumenez  y  Martines 
and  Isabel  Acosta,  his  wife;  4.51563  hectares. 

3.  Transfer  No.  8;  January  19,  1907;  from  same  persons;  2,918.40 
square  meters. 

4.  Transfers  Nos.  9,  10,  11,  and  12;  January  19,  1907;  from  Du 
Laga,  a  Chinaman;  1,475.20  square  meters. 

5.  Transfer  No.  18;  June  13,  1907;  from  Eugenio  Gepte;  1,600 
square  meters. 

6.  Transfer  No.  40;  April  9,  1912;  from  Lucius  C.  Tuckerman; 
1,200  square  meters. 

MALATE  BARRACKS    (MILITARY   PLAZA). 

See  "  Manila  reservations." 

MANILA    RESERVATIONS. 

The  following  reservations  are  situated  in  the  city  of  Manila, 
island  of  Luzon : 

THE    CTIABTEL    METSIC. 

This  reservation  comprises  the  three  following  parcels  having  a 
total  area  of  28,964.2  square  meters  (7.157  acres) : 

a.  Parcel  1 ;  area,  24,030  square  meters. 

5.  Parcel  2 ;  area,  1,348  square  meters. 

c.  Parcel  3 ;  area,  3,586.2  square  meters. 

It  is  shown  on  bureau  of  lands  plan  No.  II  6733,  and  is  known  as 
military  reservation  case  No.  31,  in  the  court  of  land  registration, 
Philippine  Islands.  Final  decree,  under  act  627,  Philippine  Com- 
mission, reported  in  February,  1914,  as  pending. 

It  was  transferred  to  the  Philippine  Government  for  use  of  the 
municipality  of  Manila  by  letter  of  the  Acting  Secretary  of  War 
dated  April  2, 1906— 

upon  condition  that  whenever,  in  the  opinion  of  the  Secretary  of  War,  the  same 
may  be  needed  for  military  purposes,  the  premises  shall  be  vacated  by  the 
municipal  authorities,  upon  the  request  of  the  Secretary  of  War,  and  returned 
to  the  control  of  the  War  Department. 

Title.— Executive  order  of  May  17, 1905  (G.  O.  77,  W.  D.,  May  27, 
1905),  reserving  the  above  parcels  for  military  purposes. 

MALATE  BARRACKS  (MILITARY  PLAZA). 

This  reservation  comprises  the  following  two  parcels,  having  a 
total  area  of  32,105.4  square  meters  (7.933  acres) : 

a.  Parcel  A ;  area  12,739.3  square  meters. 

b.  Parcel  B;  area  19,366.1  square  meters. 

It  is  shown  on  bureau  of  lands  plan  No.  II  6729,  and  is  known  as 
military  reservation  case  No.  31,  in  the  court  of  land  registra- 
tion, Philippine  Islands.  Final  decree,  under  act  627,  Philippines 
Commission,  is  dated  August  14,  1913. 

Title.— Executive  order  of  May  17,  1905  (G.  O.  77,  W.  D.,  May  27, 
1905)  reserving  for  military  purposes  the  above  parcels,  and  Execu- 


PHILIPPINE   ISLANDS.  341 

tive  order  of  November  2,  1908  (G.  O.  181,  W.  D.,  Nov.  16,  1908) 
modifying  and  increasing  the  area  of  parcel  B. 

POET   EESERVATION. 

This  reservation  comprises  two  parcels  of  newly  reclaimed  harbor 
lands  designated  as  tracts  A  and  B;  tract  A  embracing  Wocks  24, 
26,  31,  and  32,  including  the  portions  of  the  streets  and  ways  sepa- 
rating the  same,  as  shown  by  the  Bailey  survey  of  January,  1908, 
area  58,019.2  square  meters;  and  trace  B  embracing  block  25,  area 
9956.4  square  meters,  also  including  the  quartermaster's  dock  in 
front  of  the  same;  total  area  of  reservation  67.975.6  square  meters 
(16.796  acres).  It  is  shown  on  bureau  of  lands  plan  No.  II  6710, 
and  is  known  as  military  reservation  case  No.  25,  in  the  court  of  land 
registration,  Philippine  Islands.  Final  decree,  under  act  627,  is 
dated  May  15.  1913. 

Title.— Executive  order  of  August  29,  1905  (G.  O.  184,  W.  D., 
Nov.  2,  1905)  reserving  for  military  purposes  certain  parcels  of 
newly  reclaimed  harbor  land  at  Manila,  P.  I.,  and  Executive  order 
of  February  13,  1911  (G.  O.  30,  W.  D.,  Mar.  7,  1911)  modifying  said 
prior  Executive  order  so  as  to  exclude  certain  lands  reserved  thereby 
and  to  include  other  portions  of  the  reclaimed  territory. 

FORT    SANTIAGO   AND    THE   ORDNANCE   DEPOT. 

This  reservation,  including  the  Plaza  Moriones,  contains  an  area 
of  60.505.3  square  meters  (14.95  acres)  and  includes  also  the  right 
of  way  for  road  and  bridge  for  access  over  the  moat  and  glacis  to 
the  Malacon  Drive.  It  is  shown  on  bureau  of  lands  plan  No.  II  5413, 
and  is  known  as  military  reservation  cases  Nos.  31,  55.  and  58.  in 
the  court  of  land  registration,  Philippine  Islands.  Final  decree, 
under  act  627,  Philippines  Commission,  was  dated,  case  31,  August 
14.  1913;  case  55,  May  15.  1912;  case  58,  December  8,  1913. 

Title.— Executive  order  of  June  29,  1904  (G.  O.  125,  W.  D..  July 
20,  1904)  reserving  for  military  purposes  certain  lands  occupied  as 
an  ordnance  depot.  Executive  order  of  May  17,  1905  (G.  O.  77, 
W.  D.,  May  27,  1905),  modifying  the  reservation,  and  Executive 
order  of  February  13,  1911  (G.'  O.  13,  W.  D.,  Mar.  7,  1911),  further 
modifying  it  so  as  to  include  the  Plaza  Moriones  and  the  right  of 
wav.  supra. 

Revocable  license. — April  22,  1914,  to  the  city  of  Manila,  to  main- 
tain a  sewer  across  the  grounds  of  the  ordnance  depot,  in  accordance 
with  the  terms  of  the  license  of  March  1,  1907. 

NOZALEDA. 

This  reservation  comprises  the  two  following  parcels,  having  a 
total  area  of  21,176.1  square  meters  (5.22  acres) : 

a.  Parcel  A;  area  11.699.7  square  meters. 

b.  Parcel  B;  area  9.476.4  square  meters. 

It  is  shown  on  bureau  of  lands  plan  No.  IT  5955,  and  is  known  as 
military  reservation  case  No.  53,  in  the  court  of  land  registration, 
Philippine  Islands.  Final  decree,  under  act  627,  Philippines  Com- 
mission, is  dated  May  15,  1913. 


342  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

Title.— Executive  order  of  February  13,  1911  (G.  O.  30,  W.  D., 
Mar.  7,  1911),  reserving  the  above  parcels  for  military  purposes, 
upon  the  understanding  that  should  the  government  of  the  Philip- 
pine Islands  need  ground  in  whole  or  in  part  in  execution  of  project 
lor  building  capitol,  etc..  this  reservation  will,  upon  proper  request 
therefor,  be  transferred  in  whole  or  in  part  to  said  Government 
either  by  sale  or  exchange. 

ESTADO    MAYOR   AND    CTJARTEL   DE    INFANTERIA. 

This  reservation  contains  an  area  of  21,963.9  square  meters  (5.427 
acres).  It  is  shown  on  bureau  of  lands  plan  No.  II  6728,  and  is 
known  as  military  reservation  case  No.  31,  in  the  court  of  land  regis- 
tration, Philippine  Islands.  Final  decree,  under  act  627,  Philip- 
pines Commission,  reported  in  February,  1914,  as  pending. 

Title.— Executive  order  of  May  17,  1905  (G.  O.  77,  W.  D.,  May  27, 
1905),  reserving  for  military  purposes  the  Estado  Mayor,  and  Execu- 
tive order  of  February  13,  1911  (G.  O.  30,  W.  D.,  Mar.  7,  1911), 
adding  thereto  the  Cuartel  de  Infanteria. 


DEPARTMENT    HOSPITAL. 


This  reservation  contains  an  area  of  28,894.2  square  meters  (7.130 
acres),  and  includes  also  a  right  of  way  10  meters  wide  from  the 
north  end  of  the  reservation  through  the  medical  supply  depot  to 
the  Pasig  River.  It  is  shown  on  bureau  of  lands  plan  No.  II  6730, 
and  is  known  as  military  reservation  case  No.  56.  in  the  court  of 
land  registration,  Philippine  Islands.  Final  decree,  under  act  627, 
Philippines  Commission,  is  dated  June  7,  1913. 

Title.— Executive  order  of  February  13,  1911  (G.  O.  30.  W.  P.. 
Mar.  7.  1911),  reserving  for  military  purposes  the  above  area  and 
right  of  way. 

CTJARTEL    DE    ESP  AN  A. 

This  reservation  comprises  the  following  two  parcels  having  a 
total  area  of  41,136.6  square  meters  (10.165  acres),  as  shown  on 
Philippines  division  map  of  August,  1909 : 

a.  Parcel  A,  area  27,242.1  square  meters. 

&.  Parcel  B,  area  13,894.5  square  meters. 

It  is  shown  on  bureau  of  lands  plan  No.  II  5053,  and  is  known  as 
military  reservation  case  No.  57,  in  the  court  of  land  registration. 
Philippine  Islands.  Final  decree,  under  act  627,  Philippines  Com- 
mission, is  dated  May  15,  1913. 

Title.— Executive  order  of  February  13,  1911  (G.  O.  30.  W.  D., 
Mar.  7,  1911),  reserving  for  military  purposes  the  above  parcels. 


MEDICAL    SUPPLY    DEPOT. 


Reserved  for  military  purposes  by  Executive  order  of  February  13, 
1911  (G.  O.  30,  W.  D.,  Mar.  7,  1911),  said  Executive  order  providing 
that  this  depot  will  be  continued  at  its  present  situation  until  the 
completion  of  the  storehouses,  etc.,  on  the  port  reservation,  when  it 
shall  pass  to  the  control  of  the  Government  of  the  Philippine  Islands 
"to  be  administered  for  the  benefit  of  the  inhabitants  thereof." 


PHILIPPINE   ISLANDS.  343 


SAN   ANTONIO   ABAD. 


Reserved  for  military  purposes  by  Executive  order  of  February 
13, 1911  (G.  O.  30,  W.  D.,  Mar.  7, 1911),  said  Executive  order  provid- 
ing that  as  soon  as  the  corrals  on  this  reservation  can  be  located  on 
the  port  reservation  it  shall  pass  to  the  control  of  the  Government  of 
the  Philippine  Islands  "to  be  administered  for  the  benefit  of  the 
inhabitants  thereof." 


AEMY   MORGUE  AND   STOREHOUSES. 

Reserved  for  military  purposes  by  Executive  order  of  February 
13,  1911  (G.  O.  30,  W.  D.,  Mar.  7,  1911),  said  Executive  order  pro- 
viding also  that  this  reservation  shall  pass  to  the  control  of  the 
Government  of  the  Philippine  Islands  "to  be  administered  for  the 
benefit  of  the  inhabitants  thereof  "  as  soon  as  provision  can  be  made 
for  a  morgue  elsewhere. 

MANILA    BAY   RESERVATIONS. 

These  reservations  comprise  (1)  the  Mariveles  Reservation  on  the 
north  side  of  the  entrance  to  Manila  Bay;  (2)  the  Calumpan  Point 
Reservation  on  the  south  side  of  said  entrance;  and  (3)  a  number  of 
islands  and  detached  rocks  lying  between  the  two.  The  areas  origi- 
nally reserved  comprised  about  180  square  miles. 

Title.— Executive  order  dated  April  11,  1902  (G.  O.  38,  A.  G.  O., 
Apr.  17,  1902),  setting  apart  for  military  purposes  the  above  reser- 
vations, and  Executive  order  of  March  14,  1904  (G.  O.  56,  W.  D., 
Mar.  25, 1904) ,  reducing  the  areas  originally  reserved.  Said  reserva- 
tions and  areas  are  as  follows: 


1.    MARIVELES. 


This  reservation  is  situated  in  the  municipality  of  Mariveles, 
Province  of  Batan,  Luzon,  and  contains  an  area  of  2,531.9443  hec- 
tares (6,256.4344  acres),  according  to  a  survey  by  the  bureau  of 
lands  dated  May  10,  1912.  The  area  of  this  reservation,  together 
with  a  description  by  metes  and  bounds,  had  been  declared  under  a 

Erevious  survey  in  G.  O.  147,  W.  D.,  Sept.  8,  1904,  which  was  modi- 
ed  by  Executive  order  of  June  7,  1907  (G.  O.  135,  W.  D.,  June  18, 
1907),  so  as  to  exclude  therefrom  a  small  parcel  claimed  by  the 
Manila  Navigation  Co.  (18,745  square  meters).  The  reservation  is 
known  as  military  reservation  case  No.  8,  in  the  court  of  land  regis- 
tration, Philippine  Islands,  and  is  shown  on  bureau  of  lands  plan  No. 
PSU-2230-A.  Final  decree,  under  act  627,  Philippines  Commission, 
is  dated  January  21.  1913. 

Revocable  licenses. — February  2,  1911,  to  the  Government  of  the 
Philippine  Islands,  to  operate  a  stone  quarry,  provided  that  no  stone 
is  removed  except  for  the  purposes  of  said  Government. 

November  13,  1911,  to  the  Government  of  the  Philippine  Islands, 
to  construct  and  maintain  an  abbatoir  on  the  reservation. 


2.    CALUMPAN  POINT. 


This  reservation  is  situated  in  the  municipality  of  Maragondon, 
Province  of  Cavite,  Luzon,  and  contains  an  area  of  2,168.8418  hec- 


344  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

tares  (5,359.208  acres),  more  or  less.  It  is  known  as  military  reser- 
vation case  No.  8,  in  the  court  of  land  registration,  Philippine  Is- 
lands, and  is  shown  on  bureau  of  lands  plan  No.  PSU  2908.  Final 
decree,  under  act  627,  Philippines  Commission,  is  dated  January  21, 
1913. 

8.    ISLANDS    IN     MANILA    BAY. 

This  reservation  is  situated  in  the  municipality  of  Cavite,  Province 
of  Cavite,  Luzon,  and  contains  an  area  of  7ol.936  hectares  (1,858.035 
acres).  It  is  known  as  military  reservation  case  No.  1,  in  the  court 
of  land  registration,  Philippine  Islands.  Final  decree,  under  act 
627,  Philippine  Commission,  is  dated  January  21,  1913.  Said  reser- 
vation comprises  islands  as  follows : 

a.  Corregidor  (Fort  Mills),  containing  an  area  of  702.04  hectares 
(1,734.74  acres).     Nineteen  lots,  containing  an  aggregate  area  of 
7,411.81  square  meters,  have  been  acquired  on  this  island  from  private 
parties  and  are  covered  by  transfer  certificates  of  title  No.  6,  August 
28,  1907;  Nos.  22,  24,  25,  34,  September  14,  1907;  Nos.  29,  30,  32,  33, 
September  16,  1907;  No.  27,  September  17,  1907;  Nos.  23,  26,  28,  31, 
September  18,  1907;  No.  21,  February  10,  1908;  and  Nos.  73  and  74, 
November  29,  1913. 

b.  Carabao  (Fort  Frank)  ;  area,  18.009  hectares  (44.5  acres). 

c.  Pulo  Caballo  (Fort  Hughes) ;  area,  30.534  hectares  (75.45  acres). 

d.  La  Monja;  area,  6,471  square  meters  (1.6  acres). 

e.  El  Fraile  (Fort  Drum) ;  area,  3,235  square  meters  (0.8  acre). 

/.  Sta.  Amalia  (off  northwest  coast  of  Corregidor) ;  area,  1,902 
square  meters  (0.47  acre). 

g.  Rock  (off  southwest  point  of  Corregidor  and  north  of  Pulo 
Caballo)  ;  area,  1,922  square  meters  (0.475  acre). 

Revocable  license. — August  22,  1914,  to  Jean  M.  Poizat,  to  operate 
a  steamer  between  Manila  and  Corregidor  Island. 

MARIVELES. 

See  "  Manila  Bay  reservations." 

MEDICAL   SUPPLY   DEPOT. 

See  "  Manila  reservations." 

FORT  MILLS   (cORREGIDOfi). 

See  "  Manila  Bay  reservations." 

MOMUNGAN. 

This  reservation  is  situated  at  Momungan  on  the  Overton-Keithly 
Road  in  the  Province  of  Moro,  Island  of  Mindanao,  and  is  a  relay 
station  for  military  transportation  operating  over  said  road.  It  con- 
tains an  area  of  57,421  square  meters  (14.189  acres),  and  is  shown  on 
bureau  of  lands  plan  No.  11-5920,  amended. 

Title.— Executive  order  of  February  10,  1915  (No.  2136)  setting 
aside  reservation,  subject  to  private  rights,  for  military  purposes. 


PHILIPPINE  ISLANDS.  345 

NOZALEDA. 

See  "  Manila  reservations." 

PETTIT    BARRACKS. 

This  reservation  is  situated  in  the  district  of  Zamboanga,  Moro 
Province,  Island  of  Mindanao,  and  contains  an  area  of  52.552*2  hec- 
tares (129.856  acres).  It  is  known  as  military  reservation  case  No. 
32,  in  the  court  of  land  registration,  Philippine  Islands,  and  is  shown 
on  bureau  of  lands  plan  No.  11-5387.  Final  decree,  under  act  627, 
Philippine  Commission,  is  dated  July  27, 1912. 

Name  of  reservation  changed  from  Zamboanga  to  Pettit  Barracks 
(G.  O.  219,  W.  D.,  Oct.  30, 1909). 

Title.— Executive  order  of  June  20,  1904  (G.  O.  116,  W.  D.,  June 
27,  1904),  setting  aside  reservation  subject  to  private  rights  for  mili- 
tary purposes,  and  Executive  order  of  May  17, 1905  (G.  O.  76,  W.  D., 
May  25,  1905),  modifying  the  reservation  as  previously  reserved. 

The  following  certificates  of  title  cover  the  acquisition  of  private 
tracts  within  the  reservation : 

1.  Transfer  No.  4;  October  24.  1906;  from  Jose  Augusto  Simoes, 
administrator;  1,029  square  meters. 

2.  Transfer  No.  20;  June  7,  1904;  from  the  Arm  yand  Navy  Club; 
594.01  square  meters. 

3.  Transfer  No.  22 ;  June  4,  1907 ;  from  Vicente  Apilano,  adminis- 
trator ;  1,225.58  square  meters. 

PETTIT    BARRACKS    TARGET    RANGE. 

This  reservation  is  situated  at  the  western  or  furthermost  ond  of 
the  "Mesa,"  near  the  city  of  Zamboanga,  Moro  Province,  Island  of 
Mindanao,  and  contains  an  area  of  43.2  hectares  (106.747  acres),  It 
is  known  as  military  reservation  case  No.  36,  in  the  court  of  land 
registration,  Philippine  Islands,  and  is  shown  on  bureau  of  lands 
plan  No.  11-9485.  Final  decree,  under  act  627,  Philippines  Commis- 
sion, is  dated  June  6, 1911. 

Title.— Executive  order  of  November  14,  1905  (G.  O.  196,  W.  D., 
Nov.  21,  1905),  setting  aside  reservation  for  the  purposes  of  a  target 
range. 

FORT  PIKIT. 

This  reservation  is  situated  in  the  barrio  of  Pikit,  municipality 
of  Cotabato,  Province  of  Moro,  Island  of  Mindanao,  and  comprises 
an  area  of  445.5414  hectares  (about  1,101  acres).  It  is  known  as 
military  reservation  case  No.  61,  in  the  court  of  land  registration, 
Philippine  Islands,  and  is  shown  on  bureau  of  lands  plan  No.  11-6484. 
Final  decree,  under  act  627,  Philippines  Commission,  is  dated  De- 
cember 19,  1913. 

Title.— Executive  order  of  October  19,  1912  (No.  1628).  reserving 
the  above  tract  subject  to  private  rights  for  military  purposes. 

POLLOC. 

This  reservation  is  situated  near  Ludlow  Barracks,  in  the  munici- 
pality of  Parang,  Province  of  Moro,  Island  of  Polloc,  and  contains 


846  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

an  area  of  3.1429  hectares  (7.766  acres).  It  is  known  as  military 
reservation  case  No.  50,  in  the  court  of  land  registration,  Philippine 
Islands,  and  is  shown  on  bureau  of  lands  plan  No.  PSU  2029.  Final 
decree,  under  act  627,  Philippines  Commission,  is  dated  February  5, 
1913. 

Title.— Executive  order  of  June  19, 1903  (G.  O.  132,  Navy  Depart- 
ment, June  24,  1903),  setting  apart  this  reservation  for  naval  pur- 
poses to  the  full  extent  that  it  was  formerly  occupied  by  the  Spanish 
naval  authorities,  and  Executive  order  of  June  17,  1910  (G.  O.  134, 
W.  D.,  July  13,  1910),  transferring  the  same  to  the  War  Department 
for  military  purposes. 

PORT  RESERVATION. 

See  "  Manila  reservations." 

REGAN  BARRACKS. 

This  reservation  is  situated  near  Daraga,  in  the  municipality  of 
Albay,  Province  of  Albay,  Island  of  Luzon,  and  comprises  (1)  the 
main  reservation,  containing  an  area  of  124.851  hectares  (308.508 
acres),  more  or  less;  (2)  a  detached  portion,  containing  an  area  of 
4.174  hectares  (10.314  acres),  more  or  less;  and  (3)  a  target  range, 
containing  an  area  of  141.2152  hectares  (348.942  acres),  more  or  less; 
total  area,  approximately  270.2408  hectares  (667.77  acres).  It  is 
known  as  military  reservation,  cases  Nos.  13,  22  and  51,  in  the  court 
of  land  registration,  Philippine  Islands,  and  is  shown  on  the  follow- 
ing bureau  of  lands  plans :  Main  reservation,  No.  II  4740,  No.  II  4670 ; 
old  target  range,  No.  II  5519;  ice  and  pumping  plant,  No.  II  5914; 
new  target  range,  No.  II  4204.  Final  decree,  under  act  627,  Philip- 
pines Commission,  is  dated,  case  No.  13,  April  13,  1908 ;  case  No.  22, 
July  24, 1911 ;  case  No.  51,  May  6,  1913. 

Name  of  reservation  changed  from  Daraga  to  Regan  Barracks 
(G.  O.  219,  W.  D.,  Oct.  30, 1909). 

Title.— Executive  order  of  November  ^10,  1904  (G.  O.  177,  W.  D., 
Nov.  21,  1904),  reserving  the  areas  designated  under  (1)  and  (2), 
and  Executive  order  of  November  23, 1911  (G.  O.  163,  W.  D.,  Dec.  8, 
1911),  that  under  (3)  for  military  purposes. 

The  following  certificates  of  title  cover  the  acquisition  of  private 
tracts  within  the  reservation: 

1.  Transfer  No.  19 ;  May  29, 1911 ;  from  Paciano  Imperial  y  Mara- 
villas;  9  hectares  (22.21  acres). 

2.  Transfers  Nos.  23,  24,  and  25 ;  July  22,  1911 ;  and  transfer  No, 
31,  October  4,  1911;  from  Joaquin  Thomas;  about  51.0392  hectares 
(126.11  acres). 

3.  Transfer  No.  30;  October  3,  1911;  from  estate  of  Thomas  H. 
Stewart,  deceased;  1,087  square  meters. 

4.  Transfer  No.  35 ;  December  27,  1911 ;  from  Balbino  Jaucian  and 
Simona  Anson,  his  wife ;  20,846  square  meters. 

5.  Transfer  No.  45;  June  12,  1912;  from  Cirilio  Jaucian;  4.1230 
hectares  (10.19  acres),  situated  in  detached  portion  of  the  reserva- 
tion. 

Revocable  licenses. — September  24,  1908,  to  the  Manila  Railroad 
Co.  for  a  railroad  line  across  the  reservation. 


PHILIPPINE  ISLANDS.  347 

June  14,  1909,  to  the  insular  government,  to  use  water  from  the 
u  Camp  Daraga  water  supply  system." 

KEINA  REGENTE. 

This  reservation  is  situated  in  the  Barrio  of  Eeina  Regente,  mu- 
nicipality of  Cotabato,  Province  of  Moro,  Island  of  Mindanao,  and 
comprises  an  area  of  58.3118  hectares  (about  144  acres).  It  is  known 
as  military  reservation  case  No.  62,  in  the  court  of  land  registration, 
Philippine  Islands,  and  is  shown  on  bureau  of  land  plan  No.  II  6485. 
Final  decree,  under  act  627,  Philippines  Commission,  is  dated  De- 
cember 19,  1913. 

Title.— Executive  order  of  October  19,  1912  (No.  1628),  reserving 
above  tract  subject  to  private  rights  for  military  purposes. 

SAN  ANTONIO  ABAD. 

See  "  Manila  reservations." 

FORT  SAN  PEDRO,  CEBIT. 

This  reservation  is  situated  in  the  municipality  of  Cebu,  Province 
of  Cebu,  Island  of  Cebu,  and  includes  the  fort  proper  and  the  ad- 
jacent land  containing  an  area  of  1.T988  hectares  (4.444  acres).  It  is 
known  as  military  reservation  case  No.  38,  in  the  court  of  land  regis- 
tration, Philippine  Islands,  and  is  shown  on  bureau  of  lands  plan 
No.  II5060-a.  Final  decrees  under  act  627,  Philippines  Commis- 
sion, are  dated  July  14,  1911,  February  13,  1912,  and  December  13, 
1912. 

r^.— Executive  order  of  September  1,  1903  (G.  O.  34,  W.  D., 
Oct.  13,  1903),  reserving  for  military  purposes,  subject  to  private 
rights,  the  fort  and  certain  lands  adjacent  thereto,  and  Executive  or- 
der of  June  17,  1910  (G.  O.  134,  W.  D.,  July  13,  1910),  transferring, 
with  the  exception  of  the  Navy  coal-pile  site,  to  the  War  Department 
for  military  purposes  as  an  addition  to  the  reservation  the  naval 
reservation  declared  by  Executive  order  of  June  19,  1903  (G.  O.  132, 
Navy  Department,  June  24, 1903),  the  custody  and  control  of  the  said 
naval  reservation  having  been  transferred  by  the  Navy  Department 
to  the  War  Department  as  announced  in  G.  O.  157,  W.  D.,  Sept.  22, 
1905. 

FORT    SAN    PEDRO,    ILOILO. 

This  reservation  is  situated  in  the  municipality  of  Iloilo,  Province 
of  Iloilo,  Island  of  Panay,  and  contains  an  area  of  31.9404  hectares 
(78.924  acres).  It  is  known  as  military  reservation  case  No.  34,  in 
the  court  of  land  registration,  Philippine  Islands,  and  is  shown  on 
bureau  of  lands  plan  No.  II  5923.  Final  decree,  under  act  627,  Phil- 
ippines Commission,  is  dated  September  16,  1912. 

Title.— Executive  order  of  October  11,  1903  (G.  O.  43,  W.  D.,  Oct. 
27,  1903),  setting  apart  this  reservation  for  military  purposes  sub- 
ject to  private  rights;  Executive  order  of  September  18,  1905  (G.  O. 
161,  W.  D.,  Sept.  30,  1905),  modifying  said  reservation;  and  Execu- 
tive order  of  October  3, 1906  (G.  O.173,  W.  D.,  Oct.  12, 1906),  further 


348  UNITED   STATES   MILITARY  RESERVATIONS,  ETC. 

modifying  the  reservation  so  as  to  exclude  therefrom  a  parcel  of  land 
reserved  for  lighthouse  by  order  of  the  civil  governor,  Philippine 
Islands,,  July  28,  1903  (executive  order  No.  60,  Manila,  July  28, 
1903). 

The  following  certificates  of  title  cover  the  acquisition  of  private 
tracts  within  the  reservation : 

1.  Transfer  No.  45;  December  3,  1904;  from  Ynchausti  &  Co.; 
6,400  square  meters. 

2.  Transfer  No.  46;  June  28,  1904;  from  same  grantor;  6,480 
square  meters. 

3.  Transfer  No.  49 ;  January  4,  1908 ;  from  Mrs.  Francisca  L.  Ber- 
win ;  1,085.7  square  meters. 

4.  Transfer  No.  63;  January  4, 1907;  from  E.  E.  Gardner;  1,260.08 
square  meters. 

5.  Transfer  No.  69 ;  July  3, 1909 ;  from  Pablo  Araneta  et  ux.,  et  al. ; 
14,335  square  meters. 

6.  Transfer  No.  70;  July  3, 1909;  from  same  grantors;  2,295  square 
meters. 

7.  Transfer  No.  93 ;  October  30,  1911 ;  from  F.  Stuart  Jones  and 
Jane  Sophia  Bulkley  Johnson ;  17,202.56  square  meters. 

FORT  SANTIAGO. 

See  "  Manila  reservations." 

SIASSI. 

This  reservation  is  situated  in  the  municipality  of  Siassi,  Province 
of  Moro,  Island  of  Siassi,  and  comprises  an  area  of  157.0578  hectares 
(about  388.1  acres).  It  is  known  as  military  reservation  case  No.  60. 
in  the  court  of  land  registration,  Philippine  Islands,  and  is  shown 
on  bureau  of  lands  plan  No.  II  6492.  Final  decree,  under  act  627, 
Philippines  Commission,  reported  in  February,  1914,  as  pending. 

Title.— Executive  order  of  September  22,  1903  (G.  O.  31,  W.  D., 
Oct.  9,  1903),  setting  apart  the  reservation  for  military  purposes 
subject  to  private  rights,  and  Executive  order  of  October  19,  1906 
(No.  1629),  enlarging  it  to  its  present  area. 

SUBIC  BAY  RESERVATIONS. 

These  reservations  are  situated  in  the  Provinces  of  Bataan  and 
Zambales,  Luzon,  and  contain  about  6,712.177  hectares  (16,585.788 
acres).  They  are  known  collectively  as  military  reservation  cases 
Nos.  29  and  54,  in  the  court  of  land  registration.  Philippine  Islands, 
and  are  shown  on  the  following  bureau  of  land  plans :  Bataan,  No.  II 
5953 ;  Zambales,  PSU  2399.  Final  decree,  under  act  627,  Philippines 
Commission,  is  dated:  Case  No.  29,  December  5,  1912;  case  No.  54, 
January  2,  1914.  They  comprise  reservations  as  follows: 

1.   BATAAN  EESERVATION. 

Situated  on  the  east  side  of  the  entrance  to  Subic  Bay,  in  the 
municipality  of  Moron,  Province  of  Bataan,  and  contains  an  area  of 
3,031.555  hectares  (7,490.972  acres). 


PHILIPPINE  ISLANDS.  349 

Title.— Executive  order  of  May  1,  1905  (G.  O.  73,  W.  D.,  May  19, 
1905),  reserving  all  public  lands  within  the  boundaries  therein  de- 
scribed for  military  purposes. 

2.   Z  A  MB  ALES  RESERVATION. 

Situated  on  the  west  side  of  the  entrance  to  Subic  Bay.  in  the 
municipality  of  Subic,  Province  of  Zambales,  and  contains  an  area 
of  3,640.152  hectares  (8,994.816  acres). 

Title.— Executive  order  of  May  1,  1905  (G.  O.  73,  W.  D.,  May  19, 
1905),  reserving  all  public  lands  within  the  boundaries  therein  de- 
scribed for  military  purposes. 

Revocable  license. — June  5, 1905,  to  the  Insular  Government,  to  use 
certain  lands  within  the  reservation  for  lighthouse  purposes. 

8.  FORT  WINT   (GRANDE  ISLAND). 

Situated  at  the  entrance  to  Subic  Bay,  in  the  municipality  of  Subic. 
Province  of  Zambales,  between  the  two  preceding  reservations,  and 
contains  an  area  of  about  40.47  hectares  (100  acres). 

Title.— Executive  order  of  May  1,  1905  (G.  O.  73,  W.  D.,  May  19, 
1905).  reserving  this  island  for  military  purposes,  and  Executive 
order  of  March  30, 1907  (G.  O.  81,  Apr.  9, 1907),  enlarging  the  reser- 
vation so  as  to  include  outlying  rocks,  shoals,  and  islands  within  one 
mile  of  the  low-water  line  of  said  island. 

TAGABIRAN. 

This  reservation  is  situated  on  the  Catubig  River,  about  20  miles 
from  Laoang,  in  the  municipality  of  Catubig,  Province  of  Samar, 
Island  of  Samar,  and  contains  an  area  of  16.408  hectares  (40.543 
acres).  It  is  shown  on  bureau  of  lands  plan  No.  PSIT  1787. 

Title.— Transfer  certificate  No.  11,  May  26,  1913,  from  Lieut. 
Frank  C.  Griffis.  Medical  Reserve  Corps,  "covering  the  area  above 
given. 

TORREY  BARRACKS. 

This  reservation  is  situated  on  Illana  Bay,  in  the  municipality  of 
Malabang,  Province  of  Moro,  Island  of  Mindanao,  and  contains  an 
area  of  about  2,111.057  hectares  (5,216.422  acres).  It  is  known  as 
military  reservation  cases  Nos.  26  and  48,  in  the  court  of  land  registra- 
tion, Philippine  Islands,  and  is  shown  on  bureau  of  lands  plan  No.  II 
6224.  Final  decree,  under  act  627,  Philippines  Commission,  is  dated, 
case  No.  26,  May  15, 1911 ;  case  No.  58,  January  21,  1913. 

Name  of  reservation  changed  from  Malabang  to  Torrey  Barracks 
(G.  O.  219,  W.  D.,  Oct.  30, 1909). 

Title.— Executive  order  of  May  29,  1903  (G.  O.  86,  A.  G.  O.,  June 
19,  1903),  reserving  for  military  purposes  from  the  public  domain  an 
area  of  about  2,800  acres;  G.  O.  193,  W.  D.,  Dec.  22,  1904,  amending 
by  direction  of  the  President  the  description  of  the  reservation  con- 
tained in  the  above  executive  order;  Executive  order  of  July  21,  1906 
(G.  O.  138,  W.  D.,  July  30,  1906) ,  modifying  the  reservation  so  as  to 
exclude  therefrom  certain  premises  for  the  municipality  of  Mala- 


350  UNITED    STATES    M1LITAKY    RESERVATIONS,  ETC. 

bang;  and  Executive  Order  of  May  29, 1911  (G.  O.  76,  W.  D.,  June  9, 
1911),  enlarging  the  reservation  to  its  present  area,  and  excluding 
therefrom  the  town  site  of  Malabang,  which  lies  wholly  within  the 
exterior  boundaries  of  the  reservation. 

WARWICK  BARRACKS. 

This  reservation  is  situated  in  the  municipality  of  Cebu,  Province 
of  Cebu,  Island  of  Cebu,  and  includes  the  Cuartel  de  Infanteria  and 
the  corral,  and  contains  an  area  of  1.6778  hectares  (4.146  acres).  It  is 
known  as  military  reservation  case  No.  84,  in  the  court  of  land  regis- 
tration, Philippine  Islands,  and  is  shown  on  bureau  of  lands  plan  No. 
II  5956-A.  Final  decrees,  under  act  627,  Philippines  Commission, 
are  dated  February  13, 1912,  and  December  13,  1912. 

Name  of  reservation  changed  from  Camp  Warwick  to  Warwick 
Barracks  (G.  O.  202,  W.  D.,  Dec.  4,  1905). 

Title.— Executive  order  of  September  ^1,  1903  (G.  O.  34,  W.  D., 
Oct.  13, 1903),  reserving  all  public  lands  included  within  the  Cuartel 
de  Infanteria  and  the  corral. 


This  reservation  is  situated  southeast  of  the  city  of  Manila,  near  the 
town  of  Guadalupe,  in  the  Province  of  Kizal,  Island  of  Luzon,  and 
contains  an  area  of  3,298.722  hectares  (8,115.14  acres).  It  is  shown 
on  bureau  of  lands  plan  No.  PSU  2031. 

Title.— -1.  Deed  from  Jose  Clavet,  August  5, 1902,  conveying  728.72 
hectares  (1,801.07  acres).  The  original  deed  is  numbered  4'o  of  the 
protocol  of  the  public  instruments,  in  notary's  office  of  Enrique  Bar- 
rera  y  Caldes,  notary  public  in  the  city  of  Manila  for  the  year  1902. 

2.  Quitclaim  deed,  1902,  from  Juana  Maysilang,  et  al.  (164  signa- 
tures), to  premises  covered  by  Clavet  conveyance,  supra. 

3.  Transfer  certificate  No.  2288,  September  14,  1914,  covering  three 
parcels  of  land,  aggregating  2,531.93  hectares  (6,256.4  acres). 

Revocable  licenses. — December  5,  1906,  to  Charles  M.  Swift,  for 
electric  railway  across  the  reservation. 

September  6,  1913,  to  Charles  M.  Swift  and  assigns,  for  electric 
railroad  spur  to  city  of  Manila  quarries  on  the  reservation. 

December  29,  1909,  to  the  international  committee  of  the  Young 
Men's  Christian  Association,  to  maintain  a  building  (already  erected) . 

FORT  WINT  (GRANDE  ISLAND). 
See  "  Subic  Bay  reservations." 

ZAMBALES  RESERVATION. 

See  "  Subic  Bay  reservation.-' 


POETO   RICO.  351 

PORTO   RICO. 

AN  ACT  Authorizing  the  Governor  of  Porto  Rico  to  convey  certain  lands  to  the  United 
States  for  naval,  military  and  other  public  purposes. 

Be  it  enacted  ~by  the  Legislative  Assembly  of  Porto  Rico: 

SECTION  1.  That  the  Governor  of  Porto  Rico  be  and  he  is  hereby  authorized 
in  his  discretion  and  in  the  name  of  the  People  of  Porto  Rico  to  convey  to  the 
United  States  for  naval,  military  or  other  public  purposes  all  the  right  title  and 
interest  of  the  People  of  Porto  Rico  or  of  any  municipality  thereof  in  and  to  all 
public  lands  in  the  Island  of  Culebra,  together  with  the  shores  thereof  and  any 
public  buildings  thereon,  or  in  and  to  so  much  thereof  as  may  now  or  hereafter 
be  desired  by  the  United  States  for  such  purposes,  and  in  and  to  any  and  all 
roads,  streets  or  highways  or  other  public  property  in  said  Island  of  Culebra  be- 
longing to  the  People  of  Porto  Rico  or  to  any  municipality  thereof;  together 
with  all  rights,  easements,  benefits  and  privileges  thereunto  appertaining. 

SEC.  2.  That  the  Governor  of  Porto  Rico  be  and  he  is  hereby  authorized  in  his 
discretion  and  in  the  name  of  the  People  of  Porto  Rico  to  convey  to  the  United 
States  for  naval,  military,  or  other  public  purposes  all  the  right,  title  and  inter- 
est of  the  People  of  Porto  Rico  or  of  the  municipality  of  San  Juan,  in  and  to  any 
or  all  public  lands  in  the  Puntilla  in  the  harbor  of  San  Juan,  together  with  the 
shores  thereof  and  any  public  buildings  thereon,  or  in  and  to  so  much  thereof  as 
may  now  or  hereafter  be  desired  by  the  United  States  for  such  purposes,  and  in 
and  to  any  streets  or  highways  or  other  public  property  therein  belonging  to  the 
People  of  Porto  Rico  or  to  the  said  municipality ;  together  with  all  rights,  ease- 
ments, benefits  and  privileges  thereunto  appertaining. 

SEC.  3.  That  the  United  States  or  any  officer  or  agent  thereof  or  any  con- 
tractor in  charge  on  behalf  of  the  United  States  of  the  dredging  of  the  harbor  of 
San  Juan  is  hereby  authorized  at  any  time  hereafter  and  until  other  provision 
shall  have  been  made  by  the  Legislative  Assembly  to  use  any  island  in  the  harbor 
of  San  Juan  belonging  to  the  People  of  Porto  Rico  as  a  place  of  deposit  for  the 
dredgings  and  soil  removed  from  said  harbor  or  any  portion  of  the  shores  of  said 
harbor  or  any  portion  of  the  lands  adjacent  thereto  belonging  to  the  People  of 
Porto  Rico  which  in  the  judgment  of  the  Governor,  may  properly  be  used  as  such 
place  of  deposit.  And  in  carrying  out  any  such  plan  of  improvement  of  said  har- 
bor the  United  States  or  any  such  officer,  agent  or  contractor  is  hereby  authorized 
to  alter  the  boundary  lines  of  any  portion  of  the  shores  of  said  harbor  or  of  any 
such  island  or  to  diminish  or  increase  the  area  of  any  such  island  as  may  be  re- 
quired by  such  plans;  Provided,  that  all  lands  reclaimed  by  making  any  such 
deposit  of  dredgings  and  soil  from  the  harbor  shall  belong  to  the  People  of 
Porto  Rico. 

SEC.  4.  That  the  Governor  of  Porto  Rico  be  and  he  is  hereby  authorized  in 
the  name  of  the  People  of  Porto  Rico  to  release  any  interest  or  claim  that  the 
People  of  Porto  Rico  may  now  have  or  may  hereafter  acquire  in  and  upon  any 
lands  or  buildings  belonging  to  the  United  States  in  the  Island  of  Porto  Rico 
which  may  be  reserved  by  the  President  of  the  United  States  for  public  uses 
under  and  by  virtue  of  the  power  vested  in  him  under  the  terms  of  an  act 
of  the  Congress  of  the  United  States  entitled  "An  Act  authorizing  the  President 
to  reserve  public  lands  and  buildings  in  the  Island  of  Porto  Rico  for  public 
uses  and  granting  other  public  lands  and  buildings  to  the  government  of  Porto 
Rico,  and  for  other  purposes,"  approved  July  1,  1902. 

SEC.  5.  That  consent  be  and  is  hereby  given  to  the  United  States  to  acquire 
for  naval,  military  or  other  public  purposes,  by  purchase  or  condemnation  any 
lands  within  the  island  of  Porto  Rico,  and  when  so  acquired  and  possession 
thereof  shall  have  been  taken  by  the  United  States,  all  jurisdiction  over  such 
lands  by  the  People  of  Porto  Rico  shall  cease  and  determine ;  Provided,  however, 
that  upon  the  subsequent  alienation  by  the  United  States  of  any  land  so  acquired 
the  People  of  Porto  Rico  shall  again  have  jurisdiction  thereover. 

SEC.  6.  That  exclusive  jurisdiction  be  and  is  hereby  ceded  to  the  United  States 
over  any  and  all  lands  that  may  hereafter  be  acquired  by  it  in  the  island  of 
Porto  Rico  by  purchase  or  condemnation;  and  over  any  and  all  lands  and  the 
shores  thereof,  including  streets  and  other  public  highways,  conveyed  to  it  by 
the  Governor  of  Porto  Rico  under  the  provisions  hereof ;  and  over  any  and  all 
lands  in  which  any  interest  or  claim  of  the  People  of  Porto  Rico  may  hereafter 

12925°— 16 23 


352  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

be  released  to  the  United  States  by  the  Governor  of  Porto  Rico  as  provided 
herein ;  Provided  however,  that  in  and  over  any  lands  acquired  by,  or  conveyed 
under  the  terms  hereof  to  the  United  States,  in  the  Island  of  Culebra,  the 
People  of  Porto  Rico  shall  retain  a  concurrent  jurisdiction  with  the  United 
States  over  offenses  committed  within  the  limits  of  the  lands  so  conveyed,  such 
jurisdiction  however  to  be  exercised  only  upon  the  complaint  of  the  officer  of 
the  navy  or  other  officer  of  the  United  States  in  charge  thereof. 

SEC.  7.  The  Governor  of  Porto  Rico,  in  his  discretion  is  hereby  authorized 
now  or  at  any  time  hereafter  to  revoke  or  modify  any  license  heretofore  or 
hereafter  issued  for  the  sale  of  liquors  or  other  intoxicating  or  spirituous 
beverages,  or  to  revoke  or  modify  any  license  heretofore  or  hereafter  issued 
for  the  sale  of  merchandise  of  an  objectionable  nature  at  or  near  any  naval 
or  military  station  or  post  now  existing  or  that  hereafter  may  be  established  in 
Porto  Rico.  And  he  is  further  authorized  to  revoke  any  license  heretofore 
issued  or  that  hereafter  may  be  issued  for  the  sale  of  such  liquors  and  beverages 
or  of  such  merchandise  within  the  limits  of  any  lands  conveyed  heremuler  to, 
or  acquired  by,  the  United  States. 

SEC.  8.  This  act  shall  take  effect  from  and  after  its  approval.  (Approved 
Feb.  16,  1903:  Laws  of  Porto  Rico,  1903,  p.  110.) 

AN  ACT  To  authorize  the  President  to  convey  to  the  people  of  Porto  Rico  certain 
lands  and  buildings  not  needed  for  purposes  of  the  United  States. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  President  is  hereby  author- 
ized, in  his  discretion,  to  convey  to  the  people  of  Porto  Rico  such  lands  and 
buildings,  or  interests  therein,  adjacent  to  the  city  of  San  Juan,  reserved  for 
public  uses  under  the  authority  conferred  by  the  act  approved  July  first,  nine- 
teen hundred  and  two  (Thirty-second  Statutes  at  Large,  page  seven  hundred 
and  thirty-one),  as  in  his  opinion  are  no  longer  needed  for  purposes  of  the 
United  States.  (Approved  June  14,  1910,  36  Stat,  467.) 

AGUADILLA. 

This  reservation  is  situated  in  the  northerly  part  of  the  town  of 
Aguadilla,  where  the  fort  and  barracks  are  located. 

Title.— Executive  order  of  June  30, 1903  (G.  O.  97,  A.  G.  ().,  July  7, 
1903),  reserving  for  military  purposes  the  piece  or  parcel  of  land 
therein  described,  under  authority  of  act  of  Congress  approved  July 
1,1902  (32  Stat,  731). 

FAJARDO  (ISLANDS  NEAR). 

This  reservation  is  situated  off  the  northeasterly  cape  of  Porto  Rico 
and  comprises  the  island  of  Palominos  and  the  islands  known  as  the 
Cordilleras,  including  Icacos  and  Lobos  Cays,  lying  near  Fajardo. 

Title.— Executive  order  of  June  30,  1903  (G.  O.  97,  A.  G.  O.,  July 
7,  1903),  reserving  for  military  purposes  the  islands  therein  de- 
scribed under  authority  of  act  of  Congress  approved  July  1,  1902 
(32  Stat.,  731). 

HENRY  BARRACKS. 

This  reservation  is  situated  just  east  of  Cayey  and  comprises  an 
area  of  about  389  acres,  with  metes  and  bounds,  as  published  in  G.  O. 
31,  W.  D.,  Feb.  24, 1905. 

Title.— Executive  order  of  June  30,  1903  (G.  O.  97.  A.  G.  O.,  July 
7,  1903),  declaring  the  reservation,  with  an  area  of  about  15  acres. 


PORTO  RICO.  353 

under  authority  of  act  of  Congress  approved  July  1,  1902  (32  Stat. 
731). 

Acts  of  sale  141, 142,  and  143,  dated  December  30,  1903,  before  Luis 
Munoz  Morales,  a  lawyer  and  notary  public  in  and  for  the  island  of 
Porto  Rico,  resident  in  the  town  of  Cayey,  said  acts  being  registered 
in  the  registry  of  property  of  Guayama,  conveying  the  following- 
described  tracts  of  land  in  connection  with  the  reservation : 

1.  Certain  tracts  of  land  acquired  from  Francisco  Fernandez  Navaa 
and  wife,  Santiago  Lopez  and  wife,  Teresa  Rosset  Flores,  Maria 
Ale  jo  Vasquez,  Isabel  Llera  Vasquez,  Providencia  Perez  Llera.  and 
Jose  Perez  Llera,  which  together  form  one  complete  parcel  containing 
about  372  acres  lying  adjacent  to  the  original  reservation. 

2.  A  parcel  of  land  acquired  from  Modesto  Munitize  Aguirre  and 
wife  containing  about  1.94  acres,  situated  in  the  ward  of  Monte  Llano, 
about  one  and  one-fourth  miles  from  the  reservation,  together  with  the 
water  system  and  franchise  to  take  water  flowing  through  a  4-inch 
pipe  from  Novillos  Creek  and  for  pipe  line  leading  therefrom  to  the 
reservation,  reserving  to  the  grantor,  his  heirs  and  successors,  perma- 
nently, a  supply  through  a  three-fourths-inch  pipe  coming  from  the 
main  pipe  for  the  use  of  his  household  in  said  ward  of  Monte 
Llano. 

Control  of  that  portion  of  the  reservation  known  as  Magazine  Hill, 
lying  westerly  of  Las  Lleras  Creek  (quebrada)  and  south  and  east  of 
the  Caguas  and  Guayama  roads,  transferred  to  the  Navy  Depart- 
ment by  letter  of  the  Secretary  of  War  dated  August  26,  1915,  with 
the  understanding  that  the  Secretary  of  the  Navy  would  secure  the 
ratification  by  Congress  of  the  transfer. 

MAYAGUEZ  RESERVATIONS. 

These  reservations  are  situated  in  the  city  of  Mayaguez  and  com- 
prise three  separate  reservations,  as  follows : 

1.  The  barracks,  including  all  that  piece  or  parcel  of  land  on  which 
the  barracks  building  stands. 

2.  The  fort,  including  all  the  piece  or  parcel  of  land  situated  on  the 
"  Little  Point  Algarrobo  "  in  that  part  of  the  city  of  Mayaguez  known 
as  the  Mayaguez  Playa  and  now  occupied  by  a  small  fort  and  attend- 
ing buildings. 

3.  The  military  hospital,  including  all  that  piece  or  parcel  of  land 
situated  in  the  easterly  part  of  the  city  of  Mayaguez,  near  the  city 
asylum,  formerly  used  as  a  military  hospital. 

Title.— Executive  order  of  June  30,  1903  (G.  O.  97,  A.  G.  O..  July 
7, 1903),  reserving  for  military  purposes  the  pieces  or  parcels  of  land 
above  described  under  authority  of  act  of  Congress  approved  Julv  1, 
1902  (32  Stat,  731). 

By  War  Department  letters  of  June  7  and  July  20,  1904,  the  bar- 
racks reservation  wras  transferred  to  the  Department  of  Justice  for 
use  of  the  Federal  court  upon  condition  of  its  being  returned  upon 
request  by  the  War  Department.  By  letter  of  October  3, 1904,  consent 
was  given  to  the  use  of  a  portion  of  the  premises  by  the  government 
of  Porto  Rico  under  authority  of  the  Department  of  Justice  for  in- 
sular court,  police,  and  school  purposes. 


354  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

Revocable  licenses. — January  25,  1906,  to  the  government  of  Porto 
Rico,  to  occupy  and  use  the  military  hospital  reservation  for  the  pur- 
poses of  a  correctional  school  and  district  jail.  Certain  minor  changes 
in  the  building  were  authorized  September  18,  1906. 

April  20,  1914,  to  the  College  of  Agriculture  and  Mechanic  Arts, 
University  of  Porto  Rico,  to  occupy  and  use  the  fort  reservation  and 
the  buildings  thereon  and  erect  thereon  also  a  temporary  house  for  the 
caretaker  of  the  property. 

SAN  JUAN  RESERVATIONS. 

The  following  reservations  are  situated  in  the  city  of  San  Juan  on 
the  island  of  San  Juan : 

1.  Main  reservation,  including  all  that  piece  or  parcel  of  land  form- 
ing the  westerly  and  northerly  portions  of  the  island  of  San  Juan, 
and  extending  from  the  Marina  to  El  Morro  on  the  west,  and  from 
El  Morro  to  San  Geronimo  on  the  north,  said  tract  of  land  containing 
part  of  the  southerly  wall,  together  with  Casa  Blanca,  the  Infantry 
barracks,  El  Morro,  Artillery  Park,  San  Cristobal,  San  Geronimo, 
and  other  military  lands  and  buildings.     Total  area,  210.86  acres. 

2.  La  Palma  Bastion,  including  all  that  piece  or  parcel  of  land  in 
the  southerly  part  of  the  city  of  San  Juan  or  San  Juan  Island  occu- 
pied by  the  Palma  Bastion.     Area,  0.55  acre. 

3.  San  Sebastian  guardhouse,  including  all  that  piece  or  parcel  of 
land  situated  in  the  northerly  part  of  the  city  of  San  Juan  or  San 
Juan  Island  and  known  as  the  San  Sebastian  guardhouse.     Area, 
0.05  acre. 

4.  Santo  Domingo  Barracks,  including  all  that  piece  or  parcel  of 
land  situated   in  the  city  of   San  Juan  or  San  Juan  Island  and 
known  as  the  Santo  Domingo  Barracks  site,  adjoining  the  church 
of  San  Jose.     Area,  1.16  acres. 

5.  La  Puntilla,  a  piece  or  parcel  of  land  situated  in  the  southerly 
part  of  the  city  of  San  Juan  or  San  Juan  Island,  north  of  the  light- 
house reservation.     Area,  4.55  acres. 

Title.— -1.  Executive  order  of  June  30, 1903  (G.  O.  97.  A.  G.  O.,  July 
7,  1903),  reserving  for  military  purposes  the  pieces  or  parcels  of  land 
described  under  Nos.  1,  2,  3,  and  4,  supra,  and  Executive  order  of 
November  23,  1903  (G.  O.  60,  W.  D.,  Dec.  10,  1903),  modifying  the 
main  reservation  (No.  1,  supra). 

2.  Executive  order  of  January  26,  1912  (No.  1177),  modified  by 
Executive  order  of  July  13,  1912  (No.  1211),  transferring  from  lands 
reserved  for  naval  purposes  under  authority  of  act  of  July  1,  1902 
(32  Stat.,  731),  La  Puntilla  (No.  5,  supra),  to  the  War  Department 
for  military  purposes. 

3.  Act  of  sale  dated  September  18,  1906,  as  amended  by  act  of  sale 
dated  December  8, 1906,  executed  by  Ida  A.  Shrimer  et  vir.,  conveying 
to  the  United  States  a  parcel  of  land  comprising  about  8,092  square 
meters,  with  right  of  way  thereto,  for  a  post  cemetery. 

4.  Act  of  sale  dated  May  17, 1909,  executed  by  the  Bishop  of  Porto 
Rico,  conveying  to  the  United  States  all  rights  of  the  Church  of  Porto 
Rico  in  Santo  Domingo  Barracks,  otherwise  called  "  Santo  Domingo 
Convent,"  and  to  Ballaja  Barracks  (now  known  as  the  Infantry  bar- 


RHODE  ISLAND.  355 

racks),  the  purchase  of  which  was  authorized  by  act  of  Congress  ap- 
proved March  4,  1909  (35  Stat,  1018). 

Revocable  licenses. — January  29,  1902,  to  the  New  York  &  Porto 
Rico  Steamship  Co.,  to  reconstruct  its  wharf  originally  constructed 
under  license  issued  February  28,  1900. 

December  15,  1904,  to  Navy  Department,  for  temporary  use  until 
required  for  military  purposes  of  site  for  wireless  telegraph  station, 
with  right  of  way  thereto. 

August  10,  1909,  to  San  Juan  Light  &  Transit  Co.,  to  use  strip  of 
land  for  additional  track  for  its  railway. 

November  21,  1912,  to  the  people  of  Porto  Rico,  to  use  parcel  A, 
a  portion  of  the  main  reservation,  for  agricultural  and  industrial 
exhibition  purposes  and  for  a  recreation  park. 

May  7,  1913,  to  the  judge  of  the  district  court  of  Porto  Rico,  to 
occupy  and  use  for  residential  purposes  the  quarters  known  as  San 
Geronimo. 

November  15, 1913,  to  the  Government  of  Porto  Rico,  to  use  certain 
lands  situated  on  what  is  known  as  La  Puntilla  (No.  5,  supra). 

SAN  JTJAN  HARBOR. 

This  reservation  comprises  all  the  islands  lying  at  the  entrance  to 
San  Juan  Harbor,  including  Cabras  and  Canuelo,  and  the  island  of 
Punta  Salinas,  lying  about  3  statute  miles  westerly  of  said  entrance. 

Title.— Executive  order  of  June  30,  1903  (G.  O.  97,  A.  G.  O.,  July 
7,  1903),  reserving  for  military  purposes  the  above  islands  under 
authority  of  act  of  Congress  approved  July  1,  1902  (32  Stat.,  731). 

RHODE  ISLAND. 

GENERAL  ACT  OF  CESSION. 

SECTION  1.  Section  1  of  chapter  330  of  the  Public  Laws  is  hereby  amended  so 
as  to  read  as  follows : 

"  SECTION  1.  The  consent  of  the  state  of  Rhode  Island  is  given  to  the  purchase 
by  the  government  of  the  United  States,  or  under  the  authority  of  the  same,  of 
any  tract,  piece,  or  parcel  of  land  from  any  person  within  the  limits  of  the 
state  for  the  purpose  of  erecting  thereon  post  offices,  light  houses,  beacon  lights, 
range  lights,  life-saving  stations,  and  light-keeper's  dwellings,  and  other  needful 
public  buildings  connected  therewith,  or  for  the  location,  construction,  or  prose- 
cution of  forts,  fortifications,  coast  defences,  and  appurtenances  thereto  or  for 
the  location  and  maintenance  of  any  cable  lines,  landing  places,  terminal  sta- 
tions, and  other  needful  buildings  connected  therewith  for  weather  bureau  pur- 
poses ;  and  all  deeds,  conveyances,  or  title  papers  for  the  same  shall  be  recorded, 
as  in  other  cases,  upon  the  land  records  of  the  town  in  which  the  land  so  con- 
veyed may  lie;  the  consent  herein  given  being  in  accordance  with  the  seven- 
teenth clause  of  the  eighth  section  of  the  first  article  of  the  constitution  of  the 
United  States  and  with  the  acts  of  congress  in  such  cases  made  and  provided. 

"  SECTION  2.  This  act  shall  toke  effect  immediately,  and  all  acts  and  parts  of 
acts  inconsistent  herewith  are  hereby  repealed."  (Passed  Mar.  19,  1903.  Public 
Laws  of  R.  I.,  session  of  1903,  p.  25.) 

FORT  ADAMS. 

This  reservation  is  situated  on  Brentons  Point,  or  Neck,  in  Newport 
Harbor,  and  at  the  throat  of  the  middle  of  the  three  entrances  to 
Narragansett  Bay,  and  contains  an  area  of  135  acres  2  roods  27  rods. 
It  is  in  Newport  County,  about  3  miles  from  the  city  of  Newport. 


356  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

Title. — 1.  Deed  from  Susanna  Mumford,  et  al.,  dated  May  2,  1799, 
conveying  7  acres  1  rood  17  rods.  Recorded  in  the  clerk's  office  at 
Newport  July  17,  1799. 

2.  Deed  from  Susanna  Mumford,  et  al.,  dated  October  23,  1799, 
conveying  3  acres  1  rood  and  30  rods.    Recorded  in  the  book  of  land 
evidence  of  Newport,  No.  7,  since  the  evacuation  by  the  British  troops, 
pages  278  and  279. 

3.  Deed  from  Susanna  Mumford,  et  al.,  dated  October  30,  1800, 
conveying  10  acres  of  land.    Recorded  in  book  No.  8,  pages  303  and 
304  of  same  records. 

4.  Deed  from  Benjamin  Waite  Case  and  wife,  dated  June  19,  1824, 
conveying  the  undivided  half  of  29  acres  2  roods  and  1  rod  of  land. 
Recorded  in  book  No.  16,  page  291,  etc.,  of  same  records. 

5.  Deed  from  Joshua  Peckham  et  al.,  dated  June  19,  1824,  convey- 
ing 22  acres  1  rood  and  19  rods  of  land.    Recorded  in  book  No.  16, 
pages  285  and  286  of  same  records. 

6.  Deed  from  Thomas  Sessions  and  wife,  dated  June  21,  1824,  con- 
veying the  undivided  half  of  29  acres  2  roods  and  1  rod  of  land. 
Recorded  in  book  No.  16,  page  287,  etc.,  of  same  records. 

7.  Deed  from  Audley  Clarke  and  wife,  dated  June  24,  1824,  con- 
veying 63  acres  of  land.    Recorded  in  book  No.  16,  page  288,  etc.,  of 
same  records. 

Revocable  licenses. — June  19,  1905,  and  September  28,  1906,  to 
Providence  Telephone  Co.,  to  construct,  operate,  and  maintain  a  tele- 
phone line. 

April  22,  1913,  to  the  Newport  &  Fall  River  Street  Railway  Co., 
to  construct  and  maintain  an  electric  cable  line  across  the  reservation, 
thence  across  Narragansett  Bay  to  the  Fort  Wetherill  Military  Res- 
ervation, and  thence  across  the  latter  reservation. 

Jurisdiction. — Provision  was  made  for  the  sale  to  the  United 
States  with  the  consent  of  the  governor  of  the  State,  and  jurisdiction 
ceded  by  an  act  of  the  State  legislature  passed  at  the  March  session, 
1794,  and  jurisdiction  also  ceded  by  an  act  passed  at  the  May  session, 
1824,  which  acts  provide  as  follows : 

Whereas  the  Congress  of  the  United  States  have  passed  an  act  for  fortifying 
the  port  and  harbor  of  Newport,  and  empowered  the  President  of  the  United 
States  to  receive  from  any  State  (in  behalf  of  the  United  States)  a  cession  of 
the  land  on  which  any  fortification  may  stand ;  or,  when  such  cession  shall  not 
be  made,  to  purchase  such  land  in  behalf  of  the  United  States ;  Provided,  that 
no  such  purchase  shall  be  made  where  such  land  is  the  property  of  a  State:  . 

SECTION  1.  Be  it  therefore  enacted,  etc.,  That  there  be,  and  is  hereby,  granted 
unto  the  United  States  of  America,  all  the  right,  title  and  claim  of  this  State 
to  the  lands  on  which  the  fortifications  on  Goat  Island,  in  the  Township  of  New- 
port, stand,  together  with  the  circumjacent  lands,  which  have  been  heretofore 
improved  by  the  State  for  the  purposes  of  defense. 

SEC.  2.  And  be  it  further  enacted,  That  it  shall  and  may  be  lawful  for  the 
Town  of  Newport,  or  any  other  town  in  this  State,  or  any  individual  person 
in  this  State,  by  and  with  the  consent  of  his  Excellency  the  Governor,  to  sell 
and  dispose  of  to  the  President  of  the  United  States,  for  the  use  of  the  United 
States,  all  such  lands  as  shall  be  deemed  necessary  to  erect  fortifications  upon, 
for  the  defense  of  the  Port  and  Harbor  of  Newport,  and  to  execute  deeds  thereof 
in  due  form  of  law;  and  if  the  town  of  Newport,  or  any  other  town,  or  any 
individual,  shall  not  agree  with  the  person  or  persons  who  may  be  appointed  by 
the  President  of  the  United  States  to  purchase  such  lands,  or  the  value  thereof, 
then  and  in  such  case  his  Excellency,  the  Governor,  is  hereby  empowered  to 
appoint  three  suitable  persons  to  appraise  the  said  lands,  and  upon  payment 


EHODE   ISLAND.  357 

of  the  value  thereof  at  such  appraisement,  or  upon  the  tender  thereof  being 
refused,  the  fee  and  property  of  such  lands  shall  vest  in  the  United  States. 

SEC.  3.  Provided  nevertheless,  and  be  it  further  enacted,  That  an  civil  and 
criminal  processes  issued  under  the  authority  of  this  State,  or  any  Officer  thereof, 
may  be  executed  on  the  lands  which  may  be  so  ceded,  and  within  the  fortifica- 
tions which  may  be  thereon  erected,  in  the  same  way  and  manner  as  if  such 
lands  had  not  been  ceded  as  aforesaid.  (Act  passed  at  the  March  session,  1794.) 

Whereas  one  hundred  and  sixteen  acres  and  three  quarters  of  an  acre  and 
twenty  rods  of  land  situate  on  Brentons  neck  adjoining  land  of  the  United  States 
on  which  Fort  Adams  now  stands  have  been  deemed  necessary  to  be  possessed 
by  the  United  States,  for  the  purpose  of  increasing  the  defense  of  Narragansett 
Bay ;  and  whereas  an  application  has  been  made  by  the  Secretary  of  War  of  the 
United  States  for  and  in  beHalf  of  the  United  States  for  the  passage  of  an  act 
ceding  to  the  United  States  the  jurisdiction  thereof : 

SECTION  1.  Be  it  therefore  enacted,  etc.,  That  it  shall  and  may  be  lawful 
for  the  proprietors  of  said  one  hundred  and  sixteen  acres  and  three  quarters 
of  an  acre  and  twenty  rods  of  land  (to  wit:  Audley  Clarke,  Joshua  Peckham 
and  Augustus  Peckham,  Thomas  Sessions  and  Elizabeth  his  wife  and  Benjamin 
Waite  Case  and  Sarah  his  wife)  to  sell  and  convey  to  the  United  States  said 
one  hundred  and  sixteen  acres  and  three  quarters  of  an  acre  and  twenty  rods 
of  land. 

SEC.  2.  And  be  it  further  enacted,  That  there  be,  and  here  is,  granted  to  the 
United  States  the  jurisdiction  of  said  one  hundred  and  sixteen  acres  and  three 
quarters  of  an  acre  and  twenty  rods  of  land,  with  the  shores  adjoining  the 
same  to  low-water  mark,  which  said  land  is  to  be  bounded  according  to  the 
limits  thereof  designated  in  a  plat  of  the  same  on  file  in  the  Secretary's  Office, 
and  which  was  transmitted  to  his  Excellency  the  Governor  of  this  State  under 
cover  of  a  letter  from  said  Secretary  of  War  dated  May  the  19,  1824,  and  as  the 
same  may  be  described  in  the  deeds  to  be  given  thereof  by  the  owners  afore- 
said: Provided,  nevertheless,  that  all  civil  and  criminal  process  issued  under 
the  authority  of  this  State  may  be  executed  on  said  land  or  in  any  tenements 
to  be  erected  thereon  in  the  same  way  and  manner  as  if  the  jurisdiction  thereof 
had  not  been  ceded  as  aforesaid.  (Act  passed  at  May  session,  1824.) 

See  also  "  General  act  of  cession." 

FORT  GETTY. 

This  reservation  is  situated  on  Fox  Hill,  on  the  western  shore  of 
Conanicut  Island,  near  the  town  of  Jamestown,  in  Newport  County, 
and  contains  31.6706  acres  and  a  right  oi  way. 

Title.— Deed  from  Benjamin  S.  Cottrell,  dated  June  22,  1900,  con- 
veying the  above  tract.  Recorded  in  volume  13  of  land  evidence  of 
Jamestown,  page  472,  etc. 

The  above  tract  was  obtained  under  condemnation  proceedings  in 
the  circuit  court  of  the  United  States  for  the  district  of  Rhode 
Island,  by  decree  rendered  February  19,  1900,  and  filed  in  the  clerk's 
office  for  said  court,  May  14,  1900. 

Revocable  license. — April  9,  1902,  to  the  Providence  Telephone 
Co.  to  construct  and  maintain  a  pole  telephone  line  on  the  reservation. 

Jurisdiction. — See  "  General  act  of  cession." 

FORT  GREBLE. 

This  reservation  is  situated  on  Dutch  Island,  in  the  western  en- 
trance to  Narragansett  Bay,  3J  miles  north  of  Beaver  Tail,  4|  miles 
due  west  from  the  city  of  Newport,  23  miles  south  of  Providence, 
and  midway  between  the  mainland  on  the  west  and  Conanicut  Island 
on  the  east,  in  Newport  County,  and,  including  the  tract  acquired 
on  the  mainland  opposite  the  island,  near  Saunderstown,  for  a  water 


358  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

supply  for  the  post,  contains  an  area  of  approximately  104.35  acres, 
about  80  acres  of  which  is  embraced  in  the  main  reservation,  and 
24.35  acres  in  the  addition  thereto  acquired  for  a  water  supply. 

Title. — 1.  Deed  from  J.  H.  Carpenter  and  wife,  dated  January  1, 
1864,  conveying  all  the  island  called  Dutch  Island  (except  a  tract  of 
about  6  acres  owned  by  the  United  States),  covering  75  acres  more 
or  less.  Recorded  in  Jamestown,  sixth  book  of  land  evidence,  pages 
256  and  257,  August  6,  1866. 

2.  Decree  in  condemnation  of  the  United  States  circuit  court,  dated 
January  21,  1905,  covering  24.35  acres  near  Dutch  Island,  acquired 
for  water  supply.     Recorded  in  book  47,  page  48,  of  the  records  of 
town  of  North  Kingston. 

3.  Deed  from  Emma  W.  Casey,  James  Lincoln  Casey,  and  Edward 
Pearce  Casey,  dated  March  21,  1907,  conveying  the  same  premises. 
Recorded  in  book  47,  page  4/,  of  same  records. 

Revocable  license. — November,  1878,  to  Treasury  Department,  to 
occupy  2.24  acres  for  lighthouse  purposes,  as  equivalent  for  light- 
house lands  occupied  by  Battery  A. 

Jurisdiction. — Ceded  to  the  United  States  by  an  act  of  the  State 
legislature  passed  January  18,  1865,  which  provided  as  follows: 

SECTION  1.  Jurisdiction  over  all  of  the  land  at  the  entrance  of  Narragansett 
Bay,  known  as  Dutch  Island,  purchased  by  the  United  States  is  hereby  ceded 
to  the  United  States :  Provided,  nevertheless,  That  all  civil  and  criminal  process, 
issued  under  the  authority  of  this  State,  shall  continue  to  run  into  and  be 
served  and  executed  in  and  upon  said  tract  of  land,  and  all  parts  thereof,  in 
the  same  manner  as  if  the  jurisdiction  had  not  been  granted  as  aforesaid. 

See  also  "  General  act  of  cession." 

FORT  GREENE. 

This  reservation  is  situated  in  the  city  of  Newport,  in  the  county 
of  Newport,  on  what  is  called  Eastons  Point,  and  embraces  lots  9,  10, 
11,  and  12  of  the  second  division  on  said  Eastons  Point  and  contains 
an  area  of  20,000  square  feet. 

Title.— 1.  Deed  from  William  V.  King,  dated  August  29,  1799,  con- 
veying lots  11  and  12  above  noted,  subject  to  an  annual  payment  of 
3  ounces  and  12  pennyweights  of  coined  silver.  Recorded  in  the  book 
of  land  evidence  of  Newport,  November  9,  1799,  at  Newport. 

2.  Deed  from  Samuel  King  and  wife,  dated  August  29,  1799,  con- 
veying lots  9  and  10,  above  noted,  subject  to  an  annual  payment  of 
3  ounces  and  12  pennyweights  of  coined  silver.     Recorded  November 
9, 1799 ;  same  records. 

3.  Deed  from  Richard  Mitchell  et  al.,  dated  September  6,  1823, 
releasing  all  right  to  reserved  rent,  etc.,  to  above  lots. 

Easement. — Pursuant  to  act  of  Congress  approved  February  23, 
1887  (24  Stat,  408),  the  Fort  Greene  tract  was  granted  by  the  Secre- 
tary of  War  to  the  city  of  Newport,  July  13,  1891,  for  the  purpose  of 
a  public  park,  the  fee,  however,  remaining  vested  in  the  United  States. 

Jurisdiction. — See  act  of  the  State  legislature,  passed  at  the  March 
session,  1794,  under  title  of  "  Fort  Adams." 

FORT  MANSFIELD. 

This  reservation  is  situated  on  Napatree  Point,  near  Watch  Hill,  in 
Washington  County,  and  comprises  a  main  reservation  containing 


RHODE   ISLAND.  359 

about  96  acres,  and  a  detached  reservation  of  about  2.1  acres,  with 
right  of  wav  connecting  them,  and  connecting  detached  reservation 
with  Bay  Street,  Watch  Hill. 

Title. — 1.  Deed  from  Henry  B.  Gorham,  dated  June  27,  1898,  con- 
veying two  tracts  of  land  therein  described.  Recorded  in  land  evi- 
dences, records  of  Westerly,  book  No.  33,  page  292. 

2.  Deed  from  James  N.  Thompson  et  al.,  dated  April  26,  1898,  con- 
veying a  tract  of  land  therein  described.     Recorded  in  book  No.  23, 
page  286  of  same  records. 

3.  Deed  from  John  B.  Sweeney,  dated  October  26,  1903,  conveying 
a  right  of  way.     Recorded  in  book  35,  page  300,  of  same  records. 

4.  Deed  from  H.  Hobart  Babcock,  dated  October  26,  1903,  convey- 
ing a  right  of  way.     Recorded  in  book  35,  page  296,  of  same  records. 

5.  Deed  from  Alice  Brien  et  vir.,  dated  October  26, 1903,  conveying  a 
right  of  way.     Recorded  in  book  35,  page  297,  of  same  records. 

6.  Deed  from  Frank  Larkin  et  ux.,  dated  October  27, 1903,  convey- 
ing a  right  of  way.     Recorded  in  book  35,  page  298  of  same  records. 

7.  Deed  from  Alice  Brien  et  vir.,  Sadie  Irving.  Mary  C.  Scanlon 
et  vir.,  Charles  J.  Butler  et  ux.,  and  John  W.  Sweeney  et  ux.,  dated 
July  9,  1909,  amending  conveyances  numbered  3,  4,  and  5,  supra,  so 
that  the  descriptions  therein,  respectively,  shall  conform  to  the  loca- 
tion of  the  roadway  as  constructed.     Recorded  in  book  39,  page  434 
of  same  records. 

8.  Deed  from  Frank  Larkin  et  ux.,  dated  August  7, 1909,  amending 
prior  deed  of  October  27,  1903,  conveying  a  right  of  way.     Recorded 
in  book  39,  page  433  of  same  records. 

Jurisdiction. — See  "  General  act  of  cession." 

FORT  PHIL  KEARNEY. 

This  reservation  is  situated  near  South  Ferry,  in  the  district  of 
Narragansett,  in  the  county  of  Washington,  and  contains  25  acres. 

Title.— Deed  from  Edmund  W.  Davis,  dated  May  23, 1901,  convey- 
ing the  above  tract.  Recorded  in  the  book  of  land  evidence  of  the 
town  of  Narragansett,  No.  4,  page  60. 

The  above  land  was  acquired  under  condemnation  proceedings  in 
the  circuit  court  of  the  United  States  for  the  district  of  Rhode  Island, 
by  decree  rendered  March  2,  1901. 

Revocable  license. — May  23,  1907,  to  the  Providence  Telephone  Co. 
for  telephone  line. 

Jurisdiction. — See  "  General  act  of  cession." 

ROSE   ISLAND. 

This  reservation  is  situated  half  way  between  the  city  of  Newport 
and  Conanicut  Island,  in  Narragansett  Bay,  in  Newport  County,  and 
contains  an  area  of  20  acres. 

Title. — 1.  Deed  from^Hannah  Goddard  et  al.,  dated  August  20, 
1799,  conveying  six  undivided  eighth  parts  of  Rose  Island,  contain- 
ing in  the  whole  about  20  acres.  Recorded  in  the  book  of  land  evi- 
dence of  Newport,  August  22,  1799,  at  Newport. 

2.  Deed  from  Israel  Ambrose,  guardian,  etc.,  dated  August  20, 
1799,  conveying  one  undivided  eighth  part  of  Rose  Island.  Recorded 
August  22,  1799,  same  records. 


360  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

3.  Deed  from  Henry  Goddard  and  wife,  dated  September  23,  1799, 
conveying  one  undivided  eighth  part  of  Rose  Island.  Recorded 
November  11,  1799,  same  records. 

Revocable  licenses. — October  18,  1883,  to  the  Navy  Department  to 
occupy  a  portion  of  the  island  for  the  storage  of  explosives. 

April  20,  1889,  to  the  Navy  Department  to  occupy  the  island  as  a 
rifle  range  and  for  practice  for  rapid  fire  and  machine  guns. 

February  17,  1904,  to  the  Secretary  of  Commerce  and  Labor,  set- 
ting apart  a  definite  area  on  the  reservation  for  use  of  the  Lighthouse 
Establishment. 

Jurisdiction. — See  act  of  State  legislature  passed  at  the  March 
session,  1794,  under  the  title  of  "  Fort  Adams,"  ante.  See  also  "  Gen- 
eral act  of  cession." 

FORT  WETHERILL. 

This  reservation  is  situated  at  The  Dumplings,  on  the  eastern  shore 
of  Conanicut  Island,  near  Jamestown,  in  the  county  of  Newport,  and 
contains  an  area  of  61.5  acres,  with  metes  and  bounds  as  announced 
in  G.  O.  182,  W.  D.,  November  17,  1908. 

Title. — 1.  Deed  from  Ebenezer  Shearman,  dated  November  26, 
1799.  Recorded  in  Jamestown  book  of  land  evidence,  No.  4,  pages 
88,  89,  and  90,  at  Jamestown,  May  3,  1800.  For  act  of  legislature 
providing  for  consent  to  sale  and  ceding  jurisdiction  see  act  passed 
March  session,  1794,  set  out  under  "  Fort  Adams." 

2.  Deed  from  Mary  Dame  et  al.,  dated  May  11,  1899,  conveying  a 
tract  of  land  and  rights  of  way  therein  described.     Recorded  in 
volume  13,  page  350,  of  same  records. 

3.  Deed  from  Benjamin  H.  Shoemaker,  dated  May  5,  1899,  con- 
veying a  tract  of  land  and  rights  of  way  therein  described.    Recorded 
in  volume  13,  page  352,  of  same  records. 

4.  Deed  from  William  T.  Richards,  dated  May  29,  1899,  conveying 
a  tract  of  land  and  rights  of  way  therein  described.     Recorded  in 
volume  13,  page  347,  etc.,  of  same  records. 

The  above-mentioned  tracts  (2,  3,  and  4),  containing  in  the  aggre- 
gate 23.068  acres,  were  obtained  under  condemnation  proceedings  in 
the  Circuit  Court  of  the  United  States  for  the  District  of  Rhode 
Island,  by  decree  rendered  September  1,  1898,  and  filed  in  the  clerk's 
office  for  said  court  June  20,  1899. 

5.  Deed  from  the  Ocean  Highlands  Co.,  dated  May  4, 1899,  convey- 
ing a  tract  of  land  and  rights  of  way  therein  described.    Recorded 
in  volume  13,  page  348,  of  same  records. 

6.  Deed  from  Bettie  A.  Lieber  and  husband,  dated  April  29,  1899, 
conveying  a  tract  of  land  and  rights  of  way  therein  described.    Re- 
corded in  volume  13,  page  349,  etc.,  of  same  records. 

The  above  two  tracts  containing  in  the  aggregate  9.35  I  acres,  were 
obtained  under  condemnation  proceedings  in  the  Circuit  Court  of  the 
United  States  for  the  District  of  Rhode  Island,  by  decree  rendered 
September  3,  1898,  and  filed  in  the  clerks'  office  for  said  court  June 
20,  1899. 

7.  Deed  from  Mabel  Russel  and  husband,  dated  January  17,  1902, 
conveying  an  undivided  third  of  a  tract  of  land  containing  0.875 
acre.    Recorded  in  volume  13,  page  210,  etc.,  of  same  records. 


BHODE   ISLAND.  361 

8.  Deed  from  Charles  F.  Bostwick  and  wife,  dated  February  1. 
1902,  conveying  the  undivided  two-thirds  remaining  of  above  tract. 
Eecorded  in  volume  14,  page  211,  etc.,  of  same  records. 

The  above  0.875  acre  was  acquired  under  condemnation  proceed- 
ings in  the  circuit  court  of  the  United  States  for  the  district  of 
Rhode  Island,  by  decree  rendered  January  4,  1902,  and  filed  in  the 
clerk's  office  for  the  said  court,  February  5,  1902. 

9.  Deed  from  Henry  Stalzell,  dated  March  3,  1902,  conveying  1.5 
acres  of  land.     Recorded  in  volume  14,  page  230,  etc.,  of  same  records. 

The  above  tract  was  acquired  under  condemnation  proceedings  in 
the  circuit  court  of  the  United  States  for  the  district  of  Rhode 
Island,  by  decree  rendered  February  15,  1902. 

10.  Decree  in  condemnation  of  the  United  States  circuit  court  (law 
No.  2G60)  entered  December  26,  1903,  and  January  22,  1904,  covering 
3.088  acres,  the  property  of  Susan  Shoemaker ;  4.743  acres,  the  prop- 
erty of  Charles  Wharton  Stork,  and  8.048  acres,  the  property  of 
Joseph  S.  Lovering  Wharton.     Recorded  in  volume  15,  pages  56-59, 
of  same  records. 

11.  Deed  from  Benjamin  H.  Shoemaker  and  wife,  dated  January 
18,  1904,  to  tract  of  3.088  acres,  covered  by  said  decree.     Recorded  in 
volume  15,  page  60,  of  same  records. 

12.  Deed  from  Charles  Wharton  Stork  et  al.,  dated  January  18, 
1904,  to  tract  of  4.743  acres,  covered  by  said  decree.     Recorded  in 
volume  15,  page  62,  of  same  records. 

13.  Deed  from  eloseph  S.  Lovering  Wharton,  dated  January  18, 
1904,  to  tract  of  8.048  acres,  covered  by  said  decree.     Recorded  in 
volume  15,  page  64.  of  same  records. 

14.  Decree  in  condemnation  of  the  United  States  circuit  court  (law 
No.  2660)  entered  December  12,  1906,  covering  2  tracts,  aggregating 
2.025  acres.     Recorded  in  volume  16,  page  11,  of  same  records. 

15.  Decree  in  condemnation  of  the  United  States  circuit  court  (law 
No.  2570)  entered  November  2,  1907,  covering  certain  negative  ease- 
ments.    Recorded  in  volume  16,  page  118,  of  same  records. 

Revocable  licenses. — June  19,  1905,  to  Providence  Telephone  Co. 
to  construct,  operate,  and  maintain  a  telephone  line. 

April  22,  1913,  to  the  Newport  and  Fall  River  Street  Railway  Co. 
for  electric  cable  line.  See  "  Fort  Adams,"  ante. 

Jurisdiction. — See  "  General  act  of  cession." 

FORT  WOLCOTT    (GOAT  ISLAND). 

This  reservation  is  situated  at  the  entrance  to  Newport  Harbor 
from  Narragansett  Bay,  northeast  from  Fort  Adams  and  southeast 
from  Rose  Island,  in  Newport  County,  and  embraces  the  whole  of 
Goat  Island,  containing  18  acres. 

Title. — 1.  Act  of  the  General  Assembly  of  the  State  of  Rhode 
Island,  passed  March,  1794,  granting  to  the  United  States  all  the 
right,  title,  and  claim  of  said  State  to  the  lands  on  which  the  forti- 
fications on  Goat  Island  stand,  etc.  (See  "Fort  Adams"  for  act.) 

2.  Deed  from  Edmund  Townsend,  treasurer  of  Newport,  etc., 
dated  April  16, 1799,  conveying  10  acres  on  north  end  of  island.  Re  • 
corded  in  the  book  of  land  evidence  of  Newport,  July  17,  1799,  at 
Newport. 


362  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

Easement. — Act  of  Congress,  approved  December  20,  1884  (23 
Stat.,  280),  authorizing  the  city  of  Newport  to  construct  and  main- 
tain a  sewer  through  and  across  the  breakwater  at  Goat  Island. 
License  under  above  authority,  April  26,  1887. 

Revocable  license. — July  27,  1869,  to  the  Navy  Department  to 
occupy  Goat  Island. 

Jurisdiction. — See  act  passed  at  March  session,  1794,  under  the 
title  of  "  Fort  Adams." 

See  also  "  General  act  of  cession." 

SOUTH  CAROLINA. 

For  a  list  of  places  in  respect  to  which  jurisdiction,  more  or  less 
extensive,  has  been  ceded  to  the  United  States,  see  Code  of  Laws, 
South  Carolina,  1902,  volume  1,  section  3,  pages  4  to  18. 

GENERAL  ACT  OF  CESSION. 

Session  laws  of  1871,  chapter  14,  page  535,  section  1,  as  set  out  in 
the  Code  of  Laws  of  South  Carolina  for  1902,  volume  1,  page  21,  as 
follows : 

SEC.  9.  The  jurisdiction  of  the  State  of  South  Carolina  is  hereby  ceded  to  the 
United  States  over  so  much  land  as  is  necessary  for  the  public  purposes  of  the 
United  States;  but  the  jurisdiction  hereby  ceded  shall  not  vest  until  the  United 
States  shall  have  acquired  the  title  to  the  lands,  by  grant  or  deed,  from  the 
owner  or  owners  thereof,  and  the  evidences  thereof  shall  have  been  recorded 
in  the  office  where,  by  law,  the  title  to  such  land  is  recorded.  The  United 
States  are  to  retain  such  jurisdiction  so  long  as  such  lands  shall  be  used  for  the 
purposes  aforementioned,  and  no  longer ;  and  such  jurisdiction  is  granted  upon 
the  express  condition  that  the  State  of  South  Carolina  shall  retain  a  concurrent 
jurisdiction  with  the  United  States  in  and  over  the  said  lauds,  so  far  us  that 
civil  process,  in  all  cases  not  affecting  the  real  or  personal  property  of  the 
United  States,  and  such  criminal  or  other  process  as  shall  issue  under  tho 
authority  of  the  State  of  South  Carolina,  against  any  person  or  persons  charged 
with  crimes  or  misdemeanors  committed  within  or  without  the  limits  of  the 
said  lands,  may  be  executed  therein,  in  the  same  way  and  manner  as  if  no 
jurisdiction  had  been  thereby  ceded. 

SEC.  10.  All  lands  and  tenements  which  may  be  granted,  as  aforesaid,  to  the 
United  States  shall  be  and  continue,  so  long  as  the  same  shall  be  used  for  the 
purposes  in  the  last  section  mentioned,  exonerated  and  discharged  from  all 
taxes,  assessments  and  other  charges  which  may  be  imposed  under  the  authority 
of  the  State  of  South  Carolina. 

BAY  POINT. 

This  reservation  is  situated  on  Phillips  Island,  north  of  the  en- 
trance to  Port  Royal  Sound,  in  Beaufort  County,  and  contains  an 
area  of  126  acres,  being  all  the  land  in  the  west  half  of  Section  3, 
Township  3  South. 

Title. — The  lands  comprising  this  reservation  were  bid  in  by  an 
agent  of  the  United  States,  for  the  United  States,  at  a  sale  for  direct 
taxes  immediately  at  the  close  of  the  Civil  War,  and  while  in  the 
hands  of  the  direct  tax  commissioners  as  the  property  of  the  United 
States,  were  excepted  from  further  disposition  and  declared  a  reser- 
vation for  military  purposes  by  Executive  order  of  October  27,  1874. 
(See  act  of  Congress  approved  July  16, 1866, 14  Stat.,  175.) 

Jurisdiction. — See  "  General  act  of  cession." 


SOUTH   CAROLINA.  363 

BEAUFORT  NATIONAL  CEMETERY. 

This  reservation  is  situated  at  Beaufort,  in  Beaufort  County,  and 
contains  an  area  of  31.5  acres. 

Title.— I.  Under  authority  of  act  of  February  6, 1863  (12  Stat.,640) 
and  Executive  order  of  February  10,  1863,  the  tract  known  as  Polly's 
Grove,  containing  64  acres,  was  on  March  4,  1863,  selected  for  vari- 
ous public  purposes  and  acquired  at  direct  tax  sale,  held  March  11, 
1863.  A  portion  of  this  tract,  containing  29.8  acres,  was  used  as  a 
military  cemetery;  and  the  title  thereto  approved  by  the  Attorney- 
General  March  25,  1869.  (See  Appendix,  page  523.) 

2.  Lease  for  99  years  by  town  council  of  Beaufort  to  the  United 
States  of  lot  124  in  the  town  of  Beaufort,  containing  1.7  acres. 
Lease  dated  April  10,  1868.     Recorded  in  book  No.  7,  page  196,  of 
the  deed  records  of  Beaufort  County. 

3.  Lease  for  56  years  from  April  10,  1911,  by  the  town  council  of 
Beaufort  to  the  United  States  of  the  northeast  quarter  of  lot  No.  132, 
in  the  town  of  Beaufort,  in  consideration  of  lease  by  the  United 
States  for  five  years  to  the  town  of  Beaufort  of  lot  No.  124,  in  said 
town.    Recorded  in  lease  book,  page  160,  of  the  records  of  Beaufort 
County. 

Jurisdiction. — See  "  General  act  of  cession." 

FLORENCE   NATIONAL  CEMETERY. 

This  reservation  is  situated  near  Florence,  in  Darlington  County, 
and  contains  an  area  of  3.76  acres,  together  with  a  right  of  way. 

Title. — 1.  Deed  from  James  B.  Jarrott,  executor,  etc.,  dated  Jan- 
uary — ,  1872,  conveying  3.76  acres.  Recorded  in  book  H  H,  page 
231,  etc.,  in  the  office  of  register  of  mesne  conveyances  for  Darlington 
County. 

An  act  of  Congress,  approved  Jan.  8, 1889  (25  Stat.,  641),  provides 
for  the  building  of  a  gravel  or  macadamized  road  from  the  town  of 
Florence  to  the  national  cemetery.) 

2.  Ordinance  by  the  intendant  and  wardens  of  the  town  of  Flor- 
ence granting  to  the  United  States  right  of  way,  etc.,  on  streets  lead- 
ing  toward   cemetery   within   the   corporate   limits   of   said   town. 
Passed  and  ratified  February  5,  1889. 

3.  Order  and  resolution  of  county  court  of  Florence  County,  grant- 
ing to  the  United  States  right  of  way  to  national  cemetery  over 
county  road,  etc.     The  said  road  now  being  embraced  within  the 
limits  of  Florence  County  by  act  of  the  State  legislature  approved 
December  22,  1888.     Order  and  resolution  adopted  February  26, 
1889. 

4.  Report  of  special  road  commissioners  giving  increased  width  to 
roadway  confirmed  by  the  county  court  March  18,  1889. 

Jurisdiction. — Ceded  to  the  United  States  by  an  act  of  the  State 
legislature  approved  January  16, 1873,  which  act  provides  as  follows : 

SECTION  1.  Be  it  enacted,  etc.,  That  the  jurisdiction  of  the  State  of  South 
Carolina  is  hereby  ceded  to  the  United  States  of  America  over  certain  lands 
situated  in  the  County  of  Darlington  and  near  the  town  of  Florence,  known  as 
the  "  National  Cemetery ;  "  Provided,  That  the  jurisdiction  hereby  ceded  shall 
not  vest  until  the  United  States  of  America  shall  have  acquired  the  title  to  the 
said  lands  by  grant  or  deed  from  the  owner  or  owners  thereof,  and  the  evi- 


364  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

dences  of  the  same  shall  have  been  recorded  in  the  office  where  by  law  the 
title  to  such  lands  is  recorded ;  and  the  United  States  of  America  are  to  retain 
such  jurisdiction  so  long  as  such  lands  shall  be  used  for  the  purposes,  in  this 
Act  mentioned,  and  no  longer ;  and  such  jurisdiction  is  granted  upon  the  ex- 
press condition  that  the  State  of  South  Carolina  shall  retain  a  concurrent 
jurisdiction  with  the  United  States  in  and  over  the  said  lands  so  far  as  that 
civil  process,  in  all  cases  not  affecting  the  real  or  personal  property  of  the 
United  States,  and  such  criminal  or  other  process  as  shall  issue  under  the 
authority  of  the  State  of  South  Carolina,  against  any  person  or  persons 
charged  with  crimes  or  misdemeanors  committed  within  or  without  the  limits 
of  said  lands,  may  be  executed  therein  in  the  same  way  and  manner  as  if  no 
jurisdiction  had  been  ceded. 

SEC.  2.  That  all  lands  and  tenements  which  may  be  granted  as  aforesaid  to 
the  United  States  shall  be  and  continue,  so  long  as  the  same  shall  be  used  for 
the  purposes  in  this  act  mentioned,  exonerated  and  discharged  from  all  taxes, 
assessments  and  other  charges  which  may  be  imposed  under  the  authority  of 
the  State  of  South  Carolina. 

See  also  "  General  act  of  cession." 

FORT  FREMONT. 

This  reservation  is  situated  on  St.  Helena  Island,  in  Beaufort 
County,  near  Fort  Royal,  and  contains  about  170  acres,  as  announced 
in  G.  O.  90,  W.  D.,  May  14,  190G. 

Title.— I.  Deed  from  F.  A.  Dran,  dated  April  28,  1898,  conveying 
lot  No.  11,  and  fractional  lots  Nos.  10  and  23,  in  sec.  22,  T.  2  S.,  R,  1  W. 
of  St.  Helena  meridian.  Recorded  in  book  B,  page  62,  of  the  records 
of  Beaufort  County. 

2.  Order  of  the  district  court  of  the  United  States  for  the  eastern 
district  of  South  Carolina,  dated  June  30,  1899,  vesting  the  title  in 
fee  simple  in  the  United  States  of  a  tract  of  land  containing  10  acres, 
late  the  property  of  Jack  Freeman. 

3.  Deed  from  Jacob  Meyers,  dated  October  12,  1899,  conveying  10 
acres  of  land.    Deed  recorded  in  book  B,  page  63,  of  same  records. 

4.  Decree  of  condemnation  for  20  acres  of  land,  in  case  of  the 
United  States  v.  Ellen  Crofut,  in  the  district  court  of  the  United 
States  for  eastern  district  of  South  Carolina.    Rendered  October  12, 
1900,  and  filed  in  the  clerk's  office  of  said  court. 

5.  Deed  from  Ellen  A.  Crofut,  dated  August  13,  1903,  conveying 
lot  60,  sec.  15  S.,  R.  1  W.,  St.  Helena  meridian,  containing  10  acres. 
Recorded  in  clerk's  office  of  county  court,  in  volume  25,  page  363. 

6.  Deed  from  July  Fripp,  dated  September  19,  1903,  conveying 
one-half  of  lot  5,  sec.  22,  T.  2  S.,  R.  1  W.,  containing  5  acres.    Deed 
recorded  in  volume  25,  page  364,  of  same  records. 

7.  Deed  from  Andrew  Jenkins  and  Ellen  Williams,  dated  Septem- 
ber 25, 1903,  conveying  one-half  of  lot  5,  sec.  22,  T.  2  S.,  R,  1  W.,  con- 
taining 5  acres.    Recorded  in  volume  25,  page  366,  of  same  records. 

8.  Deed  from  the  clerk  of  the  district  court,  dated  November  23, 
1903,  conveying  lot  21,  sec.  22,  T.  2  S.,  R.  1  W..  containing  10  acres. 
Recorded  in  volume  25,  page  394,  of  same  records. 

9.  Deed  from  the  clerk  of  the  district  court,  dated  November  23, 
1903,  conveying  lot  22,  sec.  22,  T.  2  S.,  R.  1  W.,  containing  10  acres! 
Recorded  in  volume  25,  page  400,  of  same  records. 

10.  Deed  from  the  clerk  of  the  district  court,  dated  November  23, 
1903,  conveying  lot  28,  sec.  22,  T.  2  S.,  R,  1  W.,  containing  10  acres. 
Recorded  in  volume  25,  page  398,  of  same  records. 


SOUTH   CAROLINA.  365 

11.  Deed  from  the  clerk  of  the  district  court,  dated  November  23, 
1903,  conveying  lot  12,  sec.  22,  T.  2  S.,  R.  1  W.,  containing  10  acres. 
Recorded  in  volume  25,  page  396,  of  same  records. 

The  above  conveyances,  8  to  11,  inclusive,  were  executed  pursuant 
to  a  decree  of  condemnation  in  the  district  court  of  the  United  States 
for  the  eastern  district  of  South  Carolina,  rendered  November  20, 
1903. 

12.  Deed  from  clerk  of  circuit  court,  dated  August  20,  1904,  con- 
veying lots  26  and  27,  sec.  22,  T.  2  S.,  R.  1.  W.,  of  St.  Helena  meridian, 
containing  10  acres.    Recorded  in  book  25,  page  502,  of  the  records  of 
Beaufort  County. 

13.  Deed  from  clerk  of  circuit  court,  dated  August  20, 1904,  convey- 
ing lots  38  and  39,  sec.  22,  T.  2  S.,  R.  1  W.,  of  St.  Helena  meridian, 
containing  10  acres.    Recorded  in  book  25,  page  500,  of  same  records. 

The  above  deeds  12  and  13  were  executed  in  pursuance  of  decrees  of 
condemnation  in  the  circuit  court  of  the  United  States  for  the  district 
of  South  Carolina,  rendered  April  9,  1904,  and  filed  the  same  day 
in  clerk's  office  of  said  court. 

14.  Deed  from  Ellen  A.  Crofut.  dated  January  31,  1905.  conveying 
lot  57,  sec.  15,  T.  2  S.,  R.  1  W.    Recorded  in  book  26,  page  114,  of 
same  records. 

Upon  investigation  it  was  found  that  title  to  lot  37,  containing  10 
acres,  was  already  in  the  United  States,  it  having  been  purchased  in 
1863  at  a  sale  for  taxes. 

Jurisdiction. — See  "  General  act  of  cession." 

HILTON   HEAD. 

This  reservation  is  situated  south  of  the  entrance  to  Port  Royal 
Sound,  in  Beaufort  County,  and  contains  an  area  of  803  acres. 

Title. — The  lands  comprising  this  reservation  were  bid  in  by  an 
agent  of  the  United  States  for  the  United  States  at  a  sale  for  direct 
taxes  immediately  at  the  close  of  the  Civil  War,  and  while  in  the 
hands  of  the  direct  tax  commissioners  as  the  property  of  the  United 
States  were  excepted  from  further  disposition  and  declared  a  reserva- 
tion for  military  purposes  by  Executive  order  of  October  27,  1874. 
(See  act  of  Congress  approved  July  16, 1866, 14  Stat,  175.) 

Jurisdiction. — See  "  General  act  of  cession." 

FORT  MOULTRIE. 

The  several  reservations  of  this  post  are  situated  on  Sullivans 
Island  north  of  the  main  entrance  to  Charleston  Harbor,  and  nearly 
opposite  Fort  Sumter,  and  comprise  an  area  of  approximately  298 
acres. 

Title. — The  title  to  the  original  Fort  Moultrie  tract  is  set  out  in 
numbers  1,  2,  and  3,  as  follows : 

1.  Ceded  to  the  United  States  by  the  State  of  South  Carolina  by  an 
act  of  the  legislature  passed  December  19,  1805. 

2.  Land  surveyed  and  regranted  to  the  United  States  by  an  act  of 
the  State  legislature  passed  December  18,  1846. 

3.  Deed  from  G.  B.  Dyer,  dated  January  9. 1844,  conveying  a  small 
burial  lot  containing  about  1.500  feet  of  ground.    Recorded  in  sec- 


366  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

retary  of  state's  office,  at  Charleston,  in  miscellaneous  record  book 
B  B  B  B  B,  page  18,  etc. 

The  acts  of  December  19,  1805,  and  December  18,  1846.  cede  both 
title  and  jurisdiction,  and  provide  as  follows : 

Be  it  enacted,  etc.,  That  there  shall  be  and  hereby  is  granted  to  the  United 
States  of  America,  all  the  right,  title  and  claim  of  this  State,  to  the  following 
forts,  fortifications,  and  sites  for  the  erection  of  forts,  in  manner  following: 

All  the  land  reserved  for  Fort  Moultrie  on  Sullivans  Island,  provided  the  same 
shall  not  exceed  five  acres,  with  all  the  forts,  fortifications  and  buildings  thereon, 
together  with  the  canal  leading  from  the  cove  on  the  back  of  the  fort,  nearly  up 
to  the  same,  as  delineated  on  the  plan  of  Charleston  harbor  by  "Colonel  Senf  and  is 
m  the  Secretary  of  State's  office  at  Columbia. 

The  high  lands  and  part  of  the  marsh  belonging  to  Fort  JohHson,1  as  de- 
lineated on  the  said  plan  of  Charleston  Harbor,  provided  the  same  shall  not 
exceed  twenty  acres,  including  the  present  site  of  Fort  Johnson. 

The  land  on  which  Fort  Pinckney  is  built,  and  three  acres  around  the  same. 

A  portion  of  the  sand  bank  marked  C,  on  the  southeasternmost  point  of 
Charleston,  as  delineated  on  the  said  plan  of  Charleston  harbor,  not  exceeding 
two  acres. 

A  quantity  of  land,  not  exceeding  four  acres,  for  a  battery  or  fort,  and 
necessary  buildings,  on  Dr.  Blythe's  point  of  land  at  the  mouth  of  Sampit 
river. 

The  small  island  in  Beaufort  river  called  Mustard  Island,  opposite  Pairo 
Island,  and  a  tract  of  land  on  St.  Helena  Island,  opposite -the  same,  not  exceed- 
ing seven  acres  of  land,  as  being  a  commanding  ground  for  a  principal  fort. 

And  be  it  further  enacted,  etc.,  That  the  following  persons,  viz :  Col.  Thomas 
Grayson,  Captain  John  Jenkins,  and  William  Elliott,  Brigadier-General  Iloid, 
the  Wendent  of  Charleston  for  the  time  being,  Colonel  Daniel  Stevens,  Joseph 
Alston,  Brigadier-General  Conway  and  Major  Savage  Smith,  or  any  two  of  them, 
be,  and  they  are  hereby  appointed  Commissioners,  and  authorized  to  locate,  by 
proper  metes  and  bounds,  at  the  expense  of  this  State,  so  far  as  the  churls  of 
surveyors  shall  be  incurred,  all  or  any  the  above  mentioned  sites ;  and  who  shall 
return  *  into  the  office  of  the  Secretary  of  this  State,  on  or  before  the  first  day 
of  January,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  seven,  fair 
plats  of  survey,  and  accurate  description  of  the  said  lands,  forts,  fortifications 
and  sites,  so  ceded,  setting  forth  the  limits  and  bounds  of  the  same. 

And  be  it  further  enacted,  etc.,  That  if  the  United  States  shall  not  within  three 
years  from  the  passage  of  this  act,  and  notification  thereof  by  the  Governor  of 
this  State  to  the  Executive  of  the  United  States,  repair  the  fortifications  now 
existing  thereon,  or  build  such  other  forts  or  fortifications  as  may  be  deemed 
most  expedient  by  the  Executive  of  the  United  States  on  the  same,  and  keep  a 
garrison  or  garrisons  therein,  in  such  case  this  grant  or  cession  shall  be  void 
and  of  no  effect. 

And  be  it  further  enacted,  That  all  process  civil  or  criminal,  issued  under  the 
authority  of  this  State  or  any  officer  thereof,  shall  and  may  be  served  and  exe- 
cuted on  any  part  of  lands  and  sites,  forts  and  fortifications,  so  ceded  by  this 
act,  and  on  any  person  or  persons  there  being  and  implicated  in  matters  of  law : 
Provided  always,  that  the  lands,  sites,  forts  and  fortifications  so  ceded,  shall 
forever  be  exempt  from  any  tax  to  be  paid  to  this  State:  And  provided  also, 
the  United  States  shall,  before  possession  be  taken  of  the  said  sites  so  to  be  laid 
out  by  the  above  Commissioners,  some  of  which  are  private  property,  give  and 
pay  due  compensation  to  the  owners  and  proprietors  of  the  same.  (Passed 
Dec.  19,  1805.) 

1.  Be  it  enacted,  etc.,  That  there  shall  be,  and  hereby  is  granted  to  the  United 
States  of  America,  all  the  right,  title  and  interest  of  the  State  to  the  lands,  forts 
and  fortifications  and  sites  for  the  erection  of  forts  on  Sullivans  Island,  James 
Island,  and  Shute's  Folly  Island,  as  delineated  in  a  plan  of  survey  made  by 
Robert  Q.  Pinckney,  on  the  Seventeenth  day  of  November,  in  the  year  One  thou- 
sand eight  hundred  and  forty-six,  under  the  direction  of  the  Commissioners 
appointed  by  His  Excellency,  Governor  Aiken,  under  a  joint  resolution  of  the 
Legislature,  passed  on  the  fifteenth  day  of  December,  in  the  year,  One  thousand 

1  Fort  Johnson  was  transferred  to  the  Treasury  Department,  July  23,  1906,  under  act 
of  Congress  approved  June  19,  1906  (34  Stat.,  299),  for  the  permanent  use  of  the  Public 
Health  and  Marine-Hospital  Service. 

a  Commissioners  made  report  dated  August  14,  1807. 


SOUTH    CAROLINA.  367 

eight  hundred  and  forty-five.  Provided,  That  this  Act  shall  not  take  effect  until 
the  United  States  Government  shall  have  conveyed  to  the  State  of  South  Caro- 
lina all  the  right,  title  and  interest  of  the  United  States,  in  the  land  lying  be- 
tween the  present  site  of  Fort  Moultrie  and  the  parade  ground,  which  is  indicated 
as  a  street  in  the  aforesaid  plan  of  survey,  and  until  said  plan  of  survey  shall 
have  been  deposited  in  the  office  of  the  Secretary  of  State  at  Columbia. 

2.  That  all  process,  civil  or  criminal,  issued  under  the  authority  of  this  State, 
or  any  officer  thereof,  shall  and  may  be  served  and  executed,  on  any  part  of  the 
lands  and  sites,  forts  and  fortifications  so  ceded  by  this  act,  and  on  any  per- 
son or  persons  there  being  implicated  in  matters  of  law :  Provided  always,  That 
the  lands,  sites,  forts  and  fortifications  so  ceded  shall  be  exempt  from  any  tax 
to  be  paid  to  this  State :  And  provided  also,  That  nothing  contained  in  this  act, 
shall  be  construed  to  interfere  with  the  rights  and  property  of  the  citizens  or  so 
as  to  affect  any  of  the  streets,  thoroughfares  or  public  buildings  on  the  said 
Islands.  (Passed  Dec.  18,  1846.) 

The  condition  recited  in  the  foregoing  act  of  December  18,  1846, 
having  been  complied  with  on  the  part  of  the  United  States,  David 
Johnson,  governor  of  South  Carolina,  executed  a  deed  conveying  to 
the  United  States  the  lands,  etc.,  cited  in  said  act.  Deed  dated  June 
5,  1848,  and  recorded  in  the  mesne  conveyance  office,  Charleston  dis- 
trict, July  5,  1848,  in  book  B,  No.  12,  page  102,  etc. 

The  title  to  the  additions  to  the  original  reservation  was  in  the 
State  of  South  Carolina,  which,  by  custom  sanctioned  by  legislative 
enactment,  permitted  the  occupancy  and  improvement  of  the  same 
by  private  individuals  as  tenants  from  year  to  year.  These  additions 
were  granted  to  the  United  States  by  acts  of  the  State  legislature, 
approved  December  24,  1894,  February  9,  1900,  February  8,  1901, 
March  2,  1903,  February  22,  1905,  February  19,  1906,  and  by  act  of 
February  20,  1908,  as  amended  by  act  of  March  4,  1909,  upon  condi- 
tion that  the 

grant  shall  not  be  effectual  as  to  any  portion  of  the  premises  *  *  *  in  which 
any  person  or  persons  have  now  any  right,  title  or  interest  or  upon  which  any 
person  or  persons  now  own  or  have  any  structures  or  improvements  until  the 
United  States  of  America  shall  have  compensated  such  person  or  persons  for 
such  right,  title  and  interest  and  for  such  buildings,  structures  and  improve- 
ments, and  acquired  the  title  of  such  person  or  persons  thereto. 

The  metes  and  bounds  of  the  several  reservations  comprised  under 
the  post  of  Fort  Moultrie,  except  the  tract  40  by  75  feet,  acquired  for 
'•  secondary  mine-defense  observing  station "  and  except  the  addi- 
tion of  about  2.25  acres  on  the  west  of  the  original  reservation  granted 
by  act  of  February  20,  1908,  as  amended  by  act  of  March  4,  1909,  are 
published  in  G.  O.  140,  W.  D.,  August  7,  1906. 

The  following  deeds,  etc.,  release  the  title  of  the  owners  of  im- 
provements, etc.,  on  lots  comprised  within  three  tracts  of  land,  desig- 
nated below  as  tracts  A,  B,  and  C,  which  were  granted  to  the  United 
States  by  act  of  the  State  legislatures,  approved  December  24,  1894: 

TRACT   A. 

Lot.  101.  Deed  from  Margaret  T.  Stone,  executrix,  and  H.  D. 
Alexander,  executor,  etc.,  dated  February  14,  1896.  Kecorded  in 
book  R  22,  page  176,  in  the  register's  office  of  mesne  conveyances, 
Charleston  County,  S.  C. 

Lot  102.  Deed  from  Hermann  Klathe,  dated  October  28,  1895.  Re- 
corded in  book  R  22,  page  122,  same  office. 

Lot  103.  Deed  from  Harriott  R.  Simons,  dated  October  28,  1895. 
Recorded  in  book  R  22,  page  126,  same  office. 
12925°— 16 24 


368  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

Lot  104.  Deed  from  Caroline  C.  Williams,  dated  December  12, 

1895.  Recorded  in  book  Y  22,  page  5,  same  office. 

Lot  105.  Decree  of  condemnation  in  case  of  the  United  States  v. 
Pauline  S.  Heyward,  in  the  court  of  common  pleas  in  and  for  the 
county  of  Charleston.  Decree  made  final  March  26,  1897. 

Lot  106.  Deed  from  Anna  L.  Walker,  dated  December  5,  1896. 
Recorded  in  book  R  22,  page  387,  same  office. 

Lot  107  and  lot  108.  Deed  from  Mary  L.  Snowden,  dated  March 
20, 1897.  Recorded  in  book  R  22,  page  475,  same  office. 

Lots  119, 120, 121, 126,  and  127.  Deed  from  Asher  D.  Cohen,  dated 
July  25,  1896.  Recorded  in  book  R  22,  page  292,  same  office. 

Lot  122.  Deed  from  Henrietta  V.  Mazyck,  dated  November  24, 

1896.  Recorded  in  book  R  22,  page  374,  same  office. 

Lot  123.  Deed  from  Wilhelmina  L.  Eason,  dated  July  27,  1896. 
Recorded  in  Book  R  22,  page  289,  same  office. 

Lot  124.  Deed  from  E.  C.  Steinmeyer,  administrator,  etc.,  dated 
June  12,  1897.  Recorded  in  book  R  22,  page  548,  same  office. 

Lot  125.  Deed  from  Edwin  W.  Moise,  dated  February  14,  1896. 
Recorded  in  book  Y  22,  page  17,  same  office. 

Lot  128.  Deed  from  Sarah  M.  Dawson,  dated  July  28,  1896.  Re- 
corded in  book  R  22,  page  291,  same  office. 

Lot  128-a.  Deed  from  J.  Alice  Arnold,  dated  December  5,  1896. 
Recorded  in  book  R  22,  page  388,  same  office. 

Lot  137.  Deed  from  J.  O.  Beckman,  dated  December  27,  1895.  Re- 
corded in  book  Y  22,  page  8,  same  office. 

Lot  138.  Deed  from  Euterpe  W.  Jones,  dated  December  14,  1895. 
Recorded  in  book  Y  22,  page  1,  same  office. 

Lot  139.  Deed  from  Mary  Cogswell,  dated  September  22,  1896. 
Recorded  in  book  R  22,  page  328,  same  office. 

TRACT  B. 

Lot  225.  Deed  from  John  Vollers,  dated  April  18,  1896.  Recorded 
in  book  Y  22,  page  70,  same  office. 

Lot  226.  Decree  of  condemnation  in  case  of  the  United  States  v. 
John  V.  McNamee,  in  the  court  of  common  pleas  in  and  for  the 
county  of  Charleston.  Decree  made  final  March  25,  1897. 

Lot  239.  Deed  from  the  Carolina  Savings  Bank,  dated  November 
14, 1895.  Recorded  in  book  Y  22,  page  4,  same  office. 

Lot  240.  Decree  of  condemnation  in  case  of  the  United  States  v. 
A.  W.  Eckel,  in  the  court  of  common  pleas  in  and  for  the  county  of 
Charleston.  Decree  made  final  March  25,  1897. 

Lot  241.  Decree  of  condemnation  in  case  of  the  United  States  v. 
C.  M.  Drake,  in  the  court  of  common  pleas  in  and  for  the  county  of 
Charleston.  Decree  made  final  March  25,  1897. 

Lot  242.  Decree  of  condemnation  in  case  of  the  United  States  v. 
Mary  L.  A.  Holton,  in  the  court  of  common  pleas  in  and  for  the 
county  of  Charleston.  Decree  made  final  March  26,  1897. 

Lot  255.  Deed  from  Joseph  G.  Police,  dated  July  27,  1896.  Re- 
corded in  book  R  22,  page  295,  same  office. 

Lot  256.  Decree  of  condemnation  in  case  of  the  United  States  v. 
Johanna  Michaelis,  in  the  court  of  common  pleas  in  and  for  the 
county  of  Charleston.  Decree  made  final  March  26, 1897. 


SOUTH   CAROLINA.  369 

Lot  259.  Deed  from  Anna  Josepha  Wilson,  dated  December  13, 

1895.  Recorded  in  book  Y  22,  page  3,  same  office. 

Lot  260.  Deed  from  Hannah  Triest,  dated  November  7,  1895.  Re- 
corded in  book  R  22,  page  123,  same  office. 

Lot  U  and  lot  V.  Decree  of  condemnation  in  case  of  the  United 
States  v.  M.  A.  Gilchrist,  in  the  court  of  common  pleas  in  and  for 
the  county  of  Charleston.  Decree  made  final  March  19,  1897. 

Lot  W.  Deed  from  Margaret  A.  S.  Gadsden,  dated  August  6,  1896. 
Recorded  in  book  R  22,  page  340,  same  office. 

Lot  X.  Deed  from  W.  St.  J.  Jervey,  dated  November  2,  1895. 
Recorded  in  book  R  22,  page  125,  same  office. 

Lot  Y  and  lot  Z.  Deed  from  Caroline  M.  Schachte,  dated  July  25, 

1896.  Recorded  in  book  R  22,  page  294,  same  office. 

TRACT   C. 

Lot  243.  Deed  from  M.  P.  Patterson,  dated  November  5,  1895. 
Recorded  in  book  R  22,  page  127,  same  office. 

Lot  244.  Deed  from  John  J.  O'Hagan,  dated  November  7,  1895. 
Recorded  in  book  R  22,  page  129,  same  office. 

Lots  245.  246,  263,  264,  and  265,  were  found  to  be  free  from  private 
claims,  and  title  depends  solely  on  grant  from  State. 

Lot  247.  Deed  from  Thomas  Roddy,  dated  November  5,  1895. 
Recorded  in  book  R  22,  page  128,  same  office. 

Lot  248.  Deed  from  Auguste  C.  Bequest,  dated  March  26,  1896. 
Recorded  in  book  Y  22,  page  54,  same  office. 

Lot  249.  Deed  from  John  Boyd,  administrator,  etc.,  dated  March 
20,  1896.  Recorded  in  book  R  22,  page  204,  same  office. 

Lot  250.  Deed  from  John  C.  Boesch,  dated  December  12,  1895. 
Recorded  in  book  Y  22,  page  2,  same  office. 

Lot  267.  Deed  from  Johanna  F.  C.  H.  Schroder,  dated  March  27, 
1896.  Recorded  in  book  Y  22,  page  55,  same  office. 

Lots  268  and  269.  Deed  from  J.  E.  Follen,  dated  November  12, 
1895,  Recorded  in  book  Y  22,  page  6,  same  office. 

Lot  B.  Deed  from  Sarah  E.  Thompson,  dated  March  18,  1896. 
Recorded  in  book  R  22,  page  202,  same  office. 

The  following  deeds  release  the  title  of  the  grantors  to  improve- 
ments, etc.,  on  lots  comprised  within  premises  ceded  to  the  United 
States  by  act  of  the  State  legislature,  approved  February  9,  1900 : 

Lot  131.  Deed  from  Kate  Blanchard,  dated  February  18,  1901. 
Recorded  in  book  X  23,  page  46,  in  the  register's  office  of  mesne 
conveyances,  Charleston  County,  S.  C. 

Lot  132.  Deed  from  H.  L.  P.  Bolger,  dated  February  18,  1901. 
Recorded  in  book  X  23,  page  64,  same  office. 

Lot  140.  Deed  from  C.  H.  Schultz,  dated  February  18,  1901. 
Recorded  in  book  X  23,  page  125,  same  office. 

Lot  141  and  lot  144.  Deed  from  W.  G.  Muckenf uss,  dated  February 
18,  1901.  Recorded  in  book  X  23,  page  83,  same  office. 

Lot  142.  Deed  from  Mary  O.  Aimar,  dated  February  16,  1901. 
Recorded  in  book  X  23,  page  37,  same  office. 

Lot  143.  Deed  from  C.  H.  Muckenfuss,  dated  February  18,  1901. 
Recorded  in  book  X  23,  page  82,  same  office. 

Lot  145.  Deed  from  William  B.  Minott,  dated  February  18,  1901. 
Recorded  in  book  X  23,  page  77,  same  office. 


370  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

Lot  146.  Deed  from  Anna  D.  Baer,  administratrix,  etc.,  dated  Feb- 
ruary 16,  1901.  Recorded  in  book  X  23,  page  41,  same  office. 

Lot  147.  Deed  from  W.  M.  Muckenfuss,  dated  February  16,  1901. 
Recorded  in  book  X  23,  page  87,  same  office. 

Lot  148.  Deed  from  W.  G.  Muckenfuss,  dated  February  18,  1901. 
Recorded  in  book  X  23,  page  85,  same  office. 

Lot  149  and  lot  A-4.  Deed  from  Henrietta  V.  Mazyck,  dated  Feb- 
ruary 18,  1901.  Recorded  in  book  X  23,  page  75,  same  office. 

Lot  150.  Deed  from  Rosa  E.  Truesdale,  dated  February  18,  1901. 
Recorded  in  book  X  23,  page  132,  same  office. 

Lot  151.  Deed  from  Josephine  McGuire,  dated  February  16,  1901. 
Recorded  in  book  X  23,  page  90,  same  office. 

Lot  152.  Deed  from  Priscilla  S.  Salters,  dated  February  16,  1901. 
Recorded  in  book  X  23,  page  118,  same  office. 

Lot  153.  Deed  from  A.  B.  Muckenfuss,  dated  February  18,  1901. 
Recorded  in  book  X  23,  page  80,  same  office. 

Lot  154.  Deed  from  Harriet  8.  Pringle,  dated  February  18,  1901. 
Recorded  in  book  X  23,  page  111,  same  office. 

Lot  155.  Deed  from  Mattie  R.  Riggs,  dated  February  18,  1901. 
Recorded  in  book  X  23,  page  113,  same  office. 

Lot  156.  Deed  from  Geo.  W.  Williams,  dated  February  16.  1901. 
Recorded  in  book  X  23,  page  141,  same  office. 

Lot  157.  Deed  from  Henry  Buist  et  al.,  trustees,  dated  December 
18, 1900.  Recorded  in  book  X  23,  page  52,  same  office. 

Lot  158.  Deed  from  A.  D.  Anderson,  dated  February  16,  1901. 
Recorded  in  book  X  23,  page  38,  same  office. 

Lot  159  and  lot  160.  Deed  from  Mary  Chambers  et  al.,  dated  Feb- 
ruary 18,  1901.  Recorded  in  book  X  23,  page  54.  same  office. 

Lot  161.  Deed  from  Louis  Sherfesee  et  al.,  dated  February  18, 
1901.  Recorded  in  book  X  23,  page  128,  same  office. 

Lot  162  and  lot  166.  Deed  from  Michael  H.  Collins,  dated  Febru- 
ary 18,  1901.  Recorded  in  book  X  23,  page  61,  ^ame  office. 

Lot  163  and  lot  A  14.  Deed  from  John  P.  De  Veaux,  dated  Feb- 
ruary 16,  1901.  Recorded  in  book  X  23,  page  70,  same  office. 

Lot  164.  Deed  from  Mary  J.  O'Neill,  dated  February  18,  1901. 
Recorded  in  book  X  23,  page  108.  same  office. 

Lot  165.  Deed  from  Mary  A.  Corry,  dated  February  16,  1901.  Re- 
corded in  book  X  23,  page  63,  same  office. 

Lot  167  and  lot  A  2.  Deed  from  Henry  J.  O'Neill,  dated  Febru- 
ary 18,  1901.  Recorded  in  book  X  23,  page  102,  same  office. 

Lot  168  and  lot  173.  Deed  from  Benjamin  Mclnnes.  dated  Feb- 
ruary 16,  1901.  Recorded  in  book  X  23,  page  93.  same  office. 

Lot  169.  Deed  from  Evalena  Sharkey,  dated  January  30,  1901. 
Recorded  in  book  X  23,  page  127,  same  office. 

Lot  170.  Deed  from  Richard  J.  Morris,  dated  February  16,  1901. 
Recorded  in  book  X  23,  page  79,  same  orifice. 

Lot  171.  Deed  from  John  Mclnerny,  dated  February  16,  1901. 
Recorded  in  book  X  23,  page  91,  same  office. 

Lot  172.  Deed  from  Ellen  Beasley,  dated  February  16,  1901.  Re- 
corded in  book  X  23,  page  45,  same  office. 

Lot  172-J.  Deed  from  Charles  Nelson,  dated  February  16,  1901. 
Recorded  in  book  X  23,  page  99,  same  office. 

Lot  174.  Deed  from  Frederick  Stent,  dated  February  25,  1901. 
Recorded  in  book  X  23,  page  131,  same  office. 


SOUTH   CAROLINA.  371 

Lot  175.  Deed  from  Roger  McKevlin,  dated  February  18,  1901. 
Recorded  in  book  X  23,  page  96,  same  office. 

Lot  176  and  lot  177.'  Deed  from  Thomas  Wilson,  dated  February 
18, 1901.  Recorded  in  book  X  23,  page  143,  same  office. 

Lot  178.  Deed  from  Cecelia  A.  McNamee,  dated  February  18, 1901. 
Recorded  in  book  X  23,  page  97,  same  office. 

Lot  179.  Deed  from  Caroline  C.  Williams,  dated  February  16, 1901. 
Recorded  in  book  X  23,  page  140,  same  office. 

Lot  180.  Deed  from  Julius  E.  Cogswell,  dated  February  16,  1901. 
Recorded  in  book  X  23,  page  58,  same  office. 

Lot  181.  Deed  from  J.  W.  Petermann,  dated  February  16,  1901. 
Recorded  in  book  X  23,  page  109,  same  office. 

Lot  182.  Deed  from  Louis  Cohen,  dated  February  16,  1901.  Re- 
corded in  book  X  23,  page  59,  same  office. 

Lot  183.  Deed  from  Alexander  Mclver,  dated  February  16,  1901. 
Recorded  in  book  X  23,  page  94,  same  office. 

Lot  184.  Deed  from  C.  C.  Schirmer,  dated  February  16,  1901.  Re- 
corded in  book  X  23,  page  121,  same  office. 

Lot  185.  Deed  from  Rebie  Y.  Salinas,  dated  February  20,  1901. 
Recorded  in  book  X  23,  page  116,  same  office. 

Lot  A.  Deed  from  John  C.  Wieters,  dated  February  16,  1901.  Re- 
corded in  book  X  23,  page  137,  same  office. 

Lot  B.  Deed  from  Charles  Litschgi,  dated  February  16,  1901.  Re- 
corded in  book  X  23,  page  74,  same  office. 

Lot  C.  Deed  from  Harriet  E.  Chreitzberg,  dated  February  18, 1901. 
Recorded  in  book  X  23,  page  56,  same  office. 

Lot  D.  Deed  from  George  L.  Buist,  dated  January  31,  1901.  Re- 
corded in  book  X  23,  page  50,  same  office. 

Lot  G.  Deed  from  James  C.  La  Coste  et  al.,  dated  December  5, 1900. 
Recorded  in  book  X  23,  page  71,  same  office. 

Lot  H.  Deed  from  Anna  P.  Yates,  dated  February  18,  1901. 
Recorded  in  book  X  23,  page  145,  same  office. 

Lot  I.  Deed  from  Lucius  Cuthbert,  dated  February  19,  1901.  Re- 
corded in  book  X  23,  page  68,  same  office. 

Lot  A-l.  Deed  from  Henry  F.  Welch,  dated  February  16,  1901. 
Recorded  in  book  X  23,  page  134,  same  office. 

Lot  A-3.  Deed  from  Jessie  E.  W.  Welch,  dated  February  16,  1901. 
Recorded  in  book  X  23,  page  135,  same  office. 

Lot  A-5.  Deed  from  Laura  O.  Crawford,  dated  November  20, 1900. 
Recorded  in  book  X  23,  page  67,  same  office. 

Lot  A-6  and  lot  A-12.  Deed  from  Frank  Q.  O'Neill,  dated  Feb- 
ruary 18,  1901.  Recorded  in  book  X  23,  page  100,  same  office. 

Lot  A-7.  Deed  from  E.  I.  Anderson,  dated  February  16,  1901. 
Recorded  in  book  X  23,  page  40,  same  office. 

Lot  A-8.  Deed  from  T.  McCarrell,  dated  February  18,  1901.  Re- 
corded in  book  X  23,  page  88,  same  office. 

Lot  A-9.  Deed  from  Mary  G.  Baker,  dated  December  7,  1900.  Re- 
corded in  book  X  23,  page  43,  same  office. 

Lot  A-10.  Deed  from  Mary  C.  O'Neill,  dated  December  11,  1900. 
Recorded  in  book  X  23,  page  105,  same  office. 

Lot  A-ll.  Deed  from  Anna  T.  Williams,  dated  February  16,  1901. 
Recorded  in  book  X  23,  page  138,  stone  office. 

Lot  A-13.  Deed  from  James  B.  O'Neill,  dated  February  18,  1901. 
Recorded  in  book  X  23,  page  104,  same  office. 


372  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

Lot  A-15.  Deed  from  Margaret  Buckley,  dated  February  25,  1901. 
Recorded  in  book  X  23,  page  48,  same  office. 

Lot  A-16.  Deed  from  Lizzie  J.  Robertson,  dated  February  16, 
1901.  Recorded  in  book  X  23,  page  115,  same  office. 

Lot  A-17.  Deed  from  Harry  C.  Schirmer,  dated  February  16, 
1901.  Recorded  in  book  X  23,  page  124,  same  office. 

Lot  A-18.  Deed  from  Elizabeth  B.  Schirmer,  dated  February  16, 
1901.  Recorded  in  book  X  23,  page  122,  same  office. 

Lot  A-19.  Deed  from  Caroline  A.  Schachte,  dated  February  16, 
1901.  Recorded  in  book  X  23,  page  119,  stfme  office. 

The  following  deeds  release  the  title  of  the  grantors  to  improve- 
ments, etc.,  on  lots  comprised  within  premises  ceded  to  the  United 
States  by  act  of  the  State  legislature,  approved  March  2,  1903. 

Lot  81.  Deed  from  Thomas  P.  O'Hagan,  dated  April  22^  1905. 
Recorded  in  book  U  24,  page  315,  in  the  register's  office  of  mesne 
conveyances,  Charleston  County,  S.  C. 

Lots  82,  86,  and  93.  Deed  from  Dennis  McKevlin,  dated  April  15, 
1905.  Recorded  in  book  U  24,  page  310,  same  office. 

Lot  83.  Deed  from  Susie  McKevlin,  dated  April  12,  1905.  Re- 
corded in  book  U  24,  page  306,  same  office. 

Lot  84.  Deed  from  clerk  United  States  Circuit  Court,  District  of 
South  Carolina,  dated  May  31,  1905.  Recorded  in  book  U  24,  page 
361,  same  office. 

Lot  84-A.  Deed  from  Cecelia  Mclnerny,  dated  April  12,  1905. 
Recorded  in  book  U  24,  page  302,  same  office. 

Lot  84-B.  Deed  from  H.  S.  Svendsen,  dated  April  12,  1905.  Re- 
corded in  book  U  24,  page  308,  same  office. 

Lot  84.  Deed  from  clerk  United  States  Circuit  Court,  District  of 
South  Carolina,  dated  May  31,  1905.  Recorded  in  book  U  24,  page 

361,  same  office. 

Lots  84J,  115,  118,  and  134.  Deed  from  John  Mclnerny,  dated 
April  12,  1905.  Recorded  in  book  U  24,  page  303,  same  office. 

Lot.  85.  Deed  from  Mary  F.  Jara,  dated  May  2,  1905.  Recorded 
in  book  U  24,  page  327,  same  office. 

Lot  86J.  Deed  from  Thomas  J.  McKevlin,  dated  April  15,  1905. 
Recorded  in  book  U  24,  page  312,  same  office. 

Lot  87.  Deed  from  Johanna  Scharlock  and  Francis  Scharlock, 
dated  June  16,  1905.  Recorded  in  book  U  24,  page  367,  same  office. 

Lot  88.  Deed  from  Annie  A.  Tobin,  dated  April  19,  1905.  Re- 
corded in  book  U  24,  page  319,  same  office. 

Lot  89.  Deed  from  John  F.  Tobin,  dated  April  19,  1905.  Re- 
corded in  book  U  24,  page  320,  same  office. 

Lot  90.  Deed  from  Maggie  Buckley,  dated  April  22,  1905.  Re- 
corded in  book  U  24,  page  326,  same  office. 

Lot  91.  Deed  from  Hannah  Alice  O'Hagan,  dated  May  2,  1905. 
Recorded  in  book  U  24,  page  328,  same  office. 

Lot  92.  Deed  from  clerk  United  States  circuit  court,  district  of 
South  Carolina,  dated  May  31,  1905.  Recorded  in  book  U  24,  page 

362,  same  office. 

Lot  94.  Deed  from  Vermille  Elizabeth  Webb,  dated  May  2,  1905. 
Recorded  in  book  U  24,  page  322,  same  office. 

Lots  95  and  110.  Deed  from  Henry  Behrman,  dated  June  16,  1905. 
Recorded  in  book  U  24,  page  368.  same  office. 


SOUTH    CAROLINA.  373 

Lot  97.  Deed  from  Isabel  Tobias,  dated  April  20,  1905.  Recorded 
in  book  U  24,  page  318,  same  office. 

Lot  98.  Deed  from  clerk  United  States  district  court,  eastern  dis- 
trict of  South  Carolina,  dated  January  19,  1906.  Recorded  in  book 
U  24,  page  386.  same  office. 

Lot  99.  Deed  from  Mary  O.  Aimar,  dated  May  2,  1905.  Recorded 
in  book  U  24,  page  323,  same  office. 

Lot  100.  Deed  from  trustees  of  Protestant  Episcopal  Church  in 
South  Carolina,  dated  June  22,  1905.  Recorded  in  book  U  24,  page 
370,  same  office. 

Lot  109.  Deed  from  Priscilla  S.  Salter,  dated  April  20,  1905.  Re- 
corded in  book  U  24,  page  317,  same  office. 

Lot  109£.  Deed  from  T.  S.  Blanchard,  dated  May  3,  1905.  Re- 
corded in  book  U  24,  page  324,  same  office. 

Lot  111.  Deed  from  Mary  Cahill  and  Mary  Jane  Cahill,  dated 
May  20,  1905.  Recorded  in  book  U  24,  page  358,  same  office. 

Lot  112.  Deed  from  Josephine  McGuire,  dated  May  5,  1905.  Re- 
corded in  book  U  24,  page  329,  same  office. 

Lot  113.  Deed  from  Mary  Frances  Touhey,  dated  May  2,  1905. 
Recorded  in  book  U  24,  page  321,  same  office. 

Lot  1134.  Deed  from  Ferdinand  Cherry,  dated  April  12,  1905. 
Recorded  in  book  U  24,  page  301,  same  office. 

Lot  116.  Deed  from  Miriam  Cohen  and  Isabel  Cohen,  dated  May 
12,  1905.  Recorded  in  book  U  24,  page  359,  same  office. 

Lot  117.  Deed  from  Mattie  R.  Riggs,  dated  May  15,  1905.  Re- 
corded in  book  U  24,  page  357,  same  office. 

Lot  129.  Deed  from  Thomas  J.  McGolrick,  dated  August  2,  1904. 
Recorded  in  book  R  24,  page  256,  same  office. 

Lot  130.  Deed  from  M.  Pozaro,  dated  August  2,  1904.  Recorded 
in  book  R  24,  page  255,  same  office. 

Lot  130-A.  Deed  from  E.  A.  Svendsen,  dated  April  12,  1905.  Re- 
corded in  book  U  24,  page  307,  same  office. 

Lot  130-B.  Deed  from  Joseph  P.  Mclnerny,  dated  May  2,  1905. 
Recorded  in  book  U  24,  page  314.  same  office. 

Lot  130J.  Deed  from  C.  T.  Blanchard,  dated  April  12,  1905.  Re- 
corded in  book  U  24,  page  298,  same  office. 

Lots  133  and  135.  Deed  from  E.  S.  Burnham,  dated  April  12,  1905. 
Recorded  in  book  U  24,  page  299,  same  office. 

Lot  136.  Deed  from  William  E.  Huger,  dated  April  14,  1905.  Re- 
corded in  book  U  24,  page  309,  same  office. 

The  following  deeds  release  the  title  of  the  grantors  to  improve- 
ments, etc.,  on  premises  ceded  to  the  United  States  by  act  of  the 
State  legislature  approved  February  22,  1905: 

Deed  from  James  A.  Truesdell,  dated  February  18,  1905,  convey- 
ing his  interest  in  lands,  etc.,  south  of  the  right  of  way  of  the  Sea- 
shore Division  of  the  Charleston  Consolidated  Railway1,  Gas  & 
Electric  Co.,  and  east  of  the  street,  and  the  extension  thereof  south- 
ward, designated  as  Sixth  Street  on  the  plan  of  Moultrieville  made 
by  Lamble,  surveyor,  1899,  and  recorded  in  book  D,  page  184,  R.  M.  C. 
office,  Charleston  County.  Deed  recorded  in  book  U  24,  page  333, 
same  office. 

Deed  from  the  town  council  of  Moultrieville,  dated  January  23, 
1905,  conveying  its  interest  in  same  premises  as  above.  Recorded  in 
book  U  24,  page  330.  same  office. 


374  UNITED   STATES    MILITARY   RESERVATIONS,  ETC. 

Under  act  of  February  19,  1906,  the  United  States  acquired  full 
title  to  the  premises  granted  thereby,  being  two  lots  measuring  200  by 
225  feet,  approximately,  it  appearing  that  there  were  no  private 
rights  therein. 

These  lots  were  acquired  with  the  understanding  that  the  Life- 
Saving  Service  should  have  the  permanent  use  of  all  of  the  land  ex- 
cept a  small  portion  in  the  northwest  corner,  measuring  40  feet  along 
Ion  Street  by  75  feet  deep,  which  was  required  for  a  secondary  mine 
defense  observing  station.  Pursuant  to  this  understanding,  the 
transfer  was  made  by  letter  to  the  Secretary  of  the  Treasury,  dated 
September  14,  1906. 

The  act  of  December  24,  1894,  provides  "That  all  streets,  roads, 
and  highways  within  the  said  tracts  or  parcels  of  land"  (i.  e.,  those 
granted  by  the  act)  "  are  vacated  and  discontinued  from  the  time  the 
said  grant  becomes  effectual." 

The  act  of  February  9,  1900,  contains  the  same  provision,  with  the 
addition  of  the  words  "  except  as  herein  otherwise  provided."  This 
is  understood  to  refer  to  the  exceptions  from  the  grant  by  the  words 
"  excepting  from  the  area  described  those  portions  which  are  occupied 
and  in  use  by  the  public  as  highways,  known  as  Central  Avenue  and 
Beach  Avenue."  (Acts  of  S.  C.,  1900,  p.  422.) 

The  act  of  February  8,  1901,  grants  title  to  "  the  land  comprising 
those  portions  of  Central  Avenue  and  Beach  Avenue"  which  lie  be- 
tween Pettigru  and  Sumter  Streets  (i.  e.,  those  portions  within  the 
reservation),  and  vacates  and  discontinues  said  portion  of  Beach 
Avenue  as  a  public  highway,  upon  the  following  provisos : 

That  the  portion  of  Central  Avenue  herein  ceded  shall  be  forever  kept  open 
as  a  public  street;  and  this  cession  shall  in  no  way  interfere  with  any  private 
rights,  or  any  franchise  heretofore  legally  granted  with  reference  to  said  Cen- 
tral Avenue:  And  provided,  further,  That  this  State  reserves  the  right  to  au- 
thorize the  laying  and  maintaining  of  tracks  for  railroad  or  traction  purposes 
on  and  across  the  portion  of  Central  Avenue  ceded,  or  on  lands  contiguous 
thereto,  and  lying  within  15  feet  of  the  same.  (Acts  of  S.  C.,  1901,  p.  G08.) 

The  act  of  March  2,  1903,  contains,  substantially,  the  same  provi- 
sion vacating  streets,  etc.,  within  the  area  granted,  with  an  exception 
of  Central  Avenue,  and  further  provides — 

that  the  portion  of  Central  Avenue  within  the  tract  herein  ceded  shall  be  for- 
ever kept  open  as  a  public  street,  and  shall,  together  with  its  continuation 
through  the  Government  reservation,  be  kept  in  proper  condition  and  repair 
by  the  Government ;  and  this  cession  shall  in  no  way  interfere  with  any  private 
rights  or  any  franchise  heretofore  legally  granted  with  reference  to  said  Central 
Avenue:  And  provided,  further,  That  this  State  reserves  the  right  to  authorize 
the  laying  and  maintaining  of  tracks  for  railroad  or  traction  purposes  on  or 
across  the  portion  of  Central  Avenue  ceded,  or  on  lands  contiguous  thereto,  and 
lying  within  fifteen  feet  of  the  same.  (Acts  of  S.  C.,  1903,  p.  4.) 

The  acts  of  February  22,  1905,  and  February  19,  1906,  contain  a 
provision  vacating  "  all  streets,  roads,  rights  of  way,  and  highways 
within  sa*id  tract  or  parcel  of  land  *  *  *  from  the  time  the 
said  grant  becomes  effectual,  saving  such  as  are  expressly  excepted  or 
reserved  in  this  act " — this  exception  referring  to  the  following  pro- 
visions of  the  act : 

Provided,  further,  And  the  said  grant  is  made  subject  to  the  following  reser- 
vations and  exception,  to  wit :  that  such  portion  of  the  front  beach  of  said 
Sullivan's  Island  included  within  the  limits  of  said  grant,  as  lies  below  a  line 
drawn  along  said  beach  twenty  (20)  feet  above  high  water  mark,  and  parallel 


SOUTH   CAROLINA*  375 

thereto,  shall  be  always  open  to  the  public  as  a  footway  and  driveway,  so  that 
the  public  shall  have  the  free  and  unobstructed  right  of  passage  by  foot  and 
carriage  upon,  over  and  across  the  same,  subject  to  the  right  of  the  said  United 
State  Government  to  close  and  exclusively  occupy  the  same,  so  far  as  the 
reservations  in  this  proviso  are  concerned,  at  the  following  times  and  under 
the  following  circumstances,  to  wit: 

1.  During  hours  of  actual  target  practice  in,  over  or  upon  the  said  portion 
of  the  said  premises    (during   (or  prior  to)    which  time  of  closure,  due  and 
proper  notice  of  the  same  shall  be  given  to  the  public). 

2.  During  hours  of  actual  military  drill  in,  over  and  upon  the  said  portion 
of  the  said  premises,  and 

3.  During  time  of  war.     (Acts  of  S.  C.,  1905,  p.  825.) 

The  act  of  February  20,  1908,  as  amended  by  act  of  March  4, 
1909  (Acts,  S.  C..  1909,  p.  180),  provides  that  the  portions  of  streets 
and  avenues  within  the  tract  granted  thereby  "  shall  be  forever  kept 
open  as  public  streets  " ;  that  the  cession  "  shall  in  no  way  interfere 
with  the  private  rights  of  any  franchise  heretofore  legally  granted 
with  reference  to  Middle  Street  and  Central  Avenue  " ;  and  grants 
the  "  streets  and  avenues  between  the  east  and  west  lines  of  the 
original  reservation  of  Fort  Moultrie,  as  said  reservation  existed  on 
January  first,  eighteen  hundred  and  ninety-four  *  *  *  subject 
to  the  same  provisos  and  conditions." 

Easement. — The  Charleston  Consolidated  Railway  Gas  &  Electric 
Co.  operates  a  street  car  line  through  the  reservation  along  Central 
Avenue,  in  accordance  with  the  provisions  of  section  1,  of  the  act 
of  the  State  legislature,  approved  March  2,  1903. 

Revocable  licenses. — September  22,  1897,  to  the  town  council  of 
Moultrieville  to  occupy  and  use  for  street  purposes  a  triangular  par- 
cel of  land  on  the  reservation. 

February  11,  1915,  to  the  Charleston-Isle  of  Palms  Traction  Co. 
to  relocate  its  tracks  on  the  reservation. 

Jurisdition. — Ceded  to  the  United  States  over  the  tracts  granted 
to  the  United  States  bv  the  said  acts  of  December  24,  1894,  February 
9, 1900 ;  March  2, 1903 ;  February  22,  1905 ;  and  February  19,  1906,  in 
terms,  substantially,  as  follows: 

SECTION  1.  Be  it  enacted,  etc.  That  the  right,  title  and  interest  of  this  state 
to,  and  the  jurisdiction  of  this  state  over,  the  following  described  tracts  or  par- 
cels of  land,  and  land  covered  with  water,  situated  in  the  town  of  Moultrieville, 
on  Sullivan's  Island,  in  the  County  of  Charleston,  in  this  state,  be,  and  the  same 
are  hereby,  granted  and  ceded  to  the  United  States  of  America  (purposes 
stated :  "As  sites  for  the  location,  construction  and  prosecution  of  works  of 
fortification  and  coast  defenses  "  in  Act  of  December  24,  1894 ;  same  with  addi- 
tion of  words  "  and  for  the  uses  of  the  garrison  "  in  Act  of  February  9,  1900 ; 
"  for  the  enlargement  of  the  military  reservation  on  said  island  "  in  Acts  of 
March  2,  1903,  February  22,  1905,  February  19,  1906,  and  February  20,  1908, 
as  amended  March  4,  1909)  *  *  "to  wit:"  (Here  follows  descriptions 

by  metes  and  bounds  of  the  tracts  granted  by  the  several  Acts)  :  Provided, 
that  there  is  hereby  reserved  to  this  State  a  concurrent  jurisdiction  for  the 
execution  within  said  lands  of  all  process,  civil  or  criminal,  lawfully  issued  by 
the  Courts  of  this  State,  and  not  incompatible  with  this  cession. 

The  act  of  February  8,  1901,  cedes  jurisdiction  over  those  portions 
of  Beach  and  Central  Avenues  within  the  reservation,  subject  to  the 
same  provision  as  to  service  of  process. 

CASTLE  PINCKNEY. 

This  reservation  is  situated  on  Shutes  Folly  Island,  at  the  mouth 
of  Cooper  River,  opposite  the  southern  extremity  of  the  city  of 


376  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

Charleston,  and  about  1  mile  distant  therefrom,  and  contains  an 
area  of  about  3.50  acres. 

Title.— I.  Ceded  to  the  United  States  by  the  State  of  South  Caro- 
lina by  an  act  of  the  legislature  passed  December  19,  1805. 

2.  Land  resurveyed  and  regranted  to  the  United  States  by  an  act 
of  the  State  legislature  passed  December  18,  184G. 

For  the  foregoing  acts  see  "  Fort  Moultrie." 

FORT    SUMTER. 

This  reservation  is  situated  at  the  entrance  to  Charleston  Harbor, 
5  miles  from  the  city  of  Charleston,  on  made  island,  and  midway 
between  Forts  Moultrie  and  Johnson,  and  contains  an  area  of  about 
2.4  acres. 

Title  and  jurisdiction. — 

Resolved,  That  this  State  do  cede  to  the  United  States,  all  the  right  title 
and  claim  of  South  Carolina  to  the  site  of  Fort  Sumter  and  the  requisite  quan- 
tity of  adjacent  territory,  Provided,  That  all  processes,  civil  and  criminal 
issued  under  the  authority  of  this  State,  or  any  oflicer  thereof,  sliall  and  may  be 
served  and  executed  upon  any  of  the  land  so  ceded,  or  structures  to  be  erected 
upon  the  same,  and  any  person  there  being  who  may  be  implicated  in  law;  and 
that  the  said  land,  site  and  structures  enumerated,  shall  be  forever  exempt 
from  liability  to  pay  any  tax  to  this  State. 

Also  resolved,.  That  the  State  will  extinguish  the  claim,  if  any  valid  claim 
there  be,  of  any  individuals  under  the  authority  of  this  State,  to  the  land 
hereby  ceded. 

Also  resolved,  That  the  Attorney-General  be  instructed  to  investigate  the 
claims  of  Wm.  Laval  and  others,  to  the  site  at  Fort  Sumter,  and  adjacent  land 
contiguous  thereto;  and  if  he  shall  be  of  opinion,  that  these  parties  have  a 
legal  title  to  the  said  land,  that  Generals  Hamilton  and  Hay  no  and  James 
L.  Pringle,  Thomas  Bennett,  and  Ker.  Boyce,  Esquires,  be  appointed  Com- 
missioners on  behalf  of  the  State,  to  appraise  the  value  thereof.  If  the  Attor- 
ney-General should  be  of  opinion  that  the  said  title  is  not  legal  and  valid,  that 
he  proceed  by  scire  facias  or  other  proper  legal  proceedings  to  have  the  same 
avoided;  and  that  the  Attorney-General  and  the  said  Commissioners  report  to 
the  Legislature  at  its  next  session.  (Resolution  of  State  Legislature,  passed  Dec. 
21,  1836.) 

The  foregoing  resolution  was  recorded  in  book  C,  No.  11,  page 
310,  etc.,  in  the  register's  office  of  mesne  conveyances  at  Charleston, 
July  9,  1840. 

FORT  WINYAW. 

This  reservation  is  situated  on  what  is  called  Blythes  Point,  at 
the  mouth  of  Sampit  Creek  or  Georgetown  River,  Georgetown  Har- 
bor, in  Georgetown  district,  and  contains  an  area  of  about  7  acres. 

Title. — Deed  from  Joseph  Blythe,  dated  April  21,  1812,  convey- 
ing 7  acres  on  Blythes  Point.  Recorded  in  book  J,  page  141,  etc., 
in  the  register's  office  for  mesne  conveyances  for  the  Georgetown 
district,  May  13,  1812,  and  in  book  G,  No.  8,  page  30,  etc.,  in  the 
register's  office  for  mesne  conveyances  for  the  Charleston  district, 
A.pril  29, 1812. 

Revocable  license. — January  13,  1857,  to  the  Treasury  Depart- 
ment to  occupy  a  portion  of  the  reservation  for  lighthouse  purposes. 

Jurisdiction. — Consent  to  the  purchase  was  given  and  jurisdiction 
ceded  by  acts  of  the  State  legislature,  passed  December  19,  1805,  and 
December  17,  1808,  which  acts  are  as  follows:  (For  act  passed  Dec. 
19,  1805,  see  "  Fort  Moultrie.") 


SOUTH   DAKOTA.  377 

Whereas  by  an  act  passed  the  nineteenth  day  of  December,  one  thousand 
eight  hundred  and  five,  entitled  "An  Act  to  cede  to  the  United  States  various 
forts,  fortifications  and  sites  for  the  erection  of  forts "  it  is  enacted  that  a 
quantity  of  land  not  exceeding  four  acres  for  a  battery  or  fort  and  necessary 
buildings  on  Doctor  Blythe's  point  of  land  at  the  mouth  of  Sampit  river  shall 
be  ceded  to  the  United  States,  and  whereas  it  is  necessary  to  cede  a  greater 
quantity  of  land  for  the  purposes  aforesaid : 

1.  Be  it  therefore  enacted,  etc.,  That  there  shall  be  and  hereby  is  granted  to 
the  United  States  of  America,  all  the  right  title  and  claim  of  the  State  to  a 
quantity  of  land  not  exceeding  six  acres  on  Doctor  Blythe's  point  of  land  at 
the  mouth  of  Sampit  river  adjoining  and  in  addition  to  the  quantity  of  land 
not  exceeding  four  acres  by  the  act  aforesaid  granted  to  the  United  States 
for  a  battery  or  fort  and  necessary  buildings. 

2.  And   be  it   enacted,   etc.,   That  Joseph  Alston,    Savage   Smith,   Benjamin 
Hager,  John  Keith,  and  Paul  Trapier  or  any  three  of  them  be  and  they  are 
hereby   appointed  Commissioners   and   authorized   to   locate   by  proper   metes 
and  bounds  at  the  expense  of  this  State  so  far  as  the  charges  of  surveyors 
shall  be  incurred,  the  above  mentioned  quantity  of  land,  and  who  shall  return 
into  the  Office  of  the  Secretary  of  this  State  on  or  before  the  first  day  of  June 
in  the  year  one  thousand  eight  hundred  and  nine,  a  fair  plat  of  survey  and 
accurate  description  of  the  said  land  so  ceded,  setting  forth  the  limits  and 
bounds  of  the  same. 

3.  And  be  it  further  enacted,  etc.,  That  all  the  provisions  restrictions  and 
clauses  contained  in  the  aforesaid  Act  applicable  and  relative  to  the  quantity 
of  land  not  exceeding  four  acres  of  land  on  Doctor  Blythe's  point  of  land  at 
the  mouth  of  Sampit  river  thereby  ceded  to  the  United  States  shall  be,  and 
the  same  are  hereby  declared  to  be  applicable  and  relative  to  the  quantity  of 
land  not  exceeding  six  acres  by  this  act  ceded  and  granted  to  the  United  States. 

SOUTH  DAKOTA. 

FORT  MEADE. 

This  reservation  is  situated  near  the  town  of  Sturgis,  in  Meade 
County,  and  embraces  the  post  reservation,  containing  12.5  square 
miles,  and  the  wood  and  timber  reserve,  containing  27,293  acres.  It 
also  includes  a  right  of  way  for  a  pipe  line  for  the  post  water  system. 

Title. — 1.  Executive  order  of  December  18, 1878,  declaring  the  post 
reservation,  and  Executive  order  of  May  27, 1885,  modifying  the  said 
reservation. 

2.  Executive  order  of  April  18, 1881,  declaring  the  wood  and  timber 
reserve,  and  Executive  order  of  September  16,  1889,  enlarging  said 
reserve. 

3.  Deed  from  William  MacMillan  and  wife,  dated  April  2,  1889, 
conveying  21  acres,  more  or  less,  acquired  for  a  water  supply  for  the 
reservation.     Recorded  in  book  67,  page  338,  etc.,  of  the  deed  records 
of  Lawrence  County.     See  G.  O.  78,  W.  D.,  Apr.  18,  1906. 

4.  Deed  from  the  Nebraska  &  Dakota  Land  &  Live  Stock  Co.,  dated 
about  August  19,  1909,   conveying  right  of  way  for  the  construction 
and  permanent  maintenance  of  a  pipe  line.     This  deed  not  having 
been  placed  on  record  and  the  grantor  having  conveyed  certain  prop- 
erty without  mention  of  servitude,  a  deed  from  James  L.  Forbes,  the 
grantee,  dated  December  12,  1911,  was  taken  confirming  the  above 
grant.     Recorded  in  volume  44,  page  616  (miscellaneous  instruments) 
of  the  deed  records  of  Meade  County. 

Easement. — Act  of  Congress,  approved  February  28, 1887  (24  Stat., 
434) .  granting  a  right  of  way  100  feet  in  width  across  the  reservation 
to  the  Fremont,  Elkhorn  &  Missouri  Valley  Railroad  Co.  (subse- 


378  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

quently  consolidated  with  the  Chicago  &  Northwestern  Railway  Co.). 
Definite  location  approved  by  Secretary  of  War,  June  16, 1887. 

Revocable  licenses. — August  4, 1882,  to  Mrs.  M.  E.  Fletcher,  to  take 
water  from  Bear  Creek  by  means  of  a  ditch  running  about  300  feet 
through  the  reservation. 

February  6, 1885,  to  citizens  of  town  of  Sturgis,  to  construct  a  road 
across  the  southeast  corner  of  the  reservation. 

July  20,  1897,  to  the  Sturgis  Electric  Light  &  Railway  Co.,  to  lay 
tracks  and  erect  poles  and  wires  on  the  reservation. 

April  28,  1906,  to  the  Nebraska  Telephone  Co.,  for  telephone  sys- 
tem on  reservation. 

September  16,  1908,  to  A.  Reed,  for  telephone  line  across  reserva- 
tion. 

November  19,  1908,  to  the  Nebraska  Telephone  Co.,  for  telephone 
line  across  reservation. 

February  14, 1913,  to  the  Consolidated  Power  &  Light  Co.  of  South 
Dakota,  for  an  electric  light  and  power  transmission  line  across 
reservation. 

August  12,  1914,  to  the  Stoneville  Telephone  Co.,  for  a  telephone 
line  across  the  reservation. 

Jurisdiction. — Ceded  to  the  United  States  by  paragraph  5,  of  sec- 
tion 18,  article  26,  of  the  constitution  of  South  Dakota,  as  follows: 

Fifth.  That  jurisdiction  is  ceded  to  the  United  States  over  the  military  reser- 
vations of  Fort  Meade,  Fort  Randall,  and  Fort  Sully,  heretofore  declared  by 
the  President  of  the  United  States:  Provided,  Legal  process,  civil  and  criminal, 
of  this  State  shall  extend  over  such  reservations  in  all  cases  of  which  exclusive 
jurisdiction  is  not  vested  in  the  United  States,  or  of  crimes  not  committed  within 
the  limits  of  such  reservations. 

MILITIA  TARGET  RANGE. 

This  range  is  situated  near  Watertown,  in  Codington  County,  and 
comprises  an  area  of  about  110  acres. 

Title.— 1.  Deed  from  H.  D.  Walrath  et  ux.,  dated  December  4, 1906, 
conveying  40  acres,  subject  to  an  easement  for  water  pipes.  Re- 
corded in  book  71  of  deeds,  page  18,  deed  records  of  Codington 
County. 

2.  Deed  from  C.  W.  Stutenroth  et  ux.,  Dated  October  7,  1908,  con- 
veying about  70  acres.  Recorded  in  book  77  of  deeds,  page  60,  of 
same  records. 

TENNESSEE. 

ACT  CEDING  JURISDICTION  OVER  NATIONAL  CEMETERIES. 

Whereas  in  the  late  bloody  sacrifice  to  restore  and  maintain  to  the  people  of 
Tennessee  the  imperiled  free  institutions  of  our  fathers,  more  than  fifty-five 
thousand  of  our  fallen  patriots  were  buried  in  our  State,  and  the  Government 
of  our  Common  Union  has  provided  appropriate  cemeteries  for  the  remains  of 
these  victims  of  rebellion  and  requires  that  these  cemeteries  be  held  sacred  un- 
der the  protection  of  the  Nation:  Therefore, 

SECTION  1.  Be  it  enacted,  etc.,  That  the  exclusive  jurisdiction  over  the  several 
tracts  of  land  and  parcels  of  ground  with  the  appurtenances  thereto,  obtained, 
purchased,  used  or  occupied  for  burial  purposes  bj  or  for  the  United  States 
hereinafter  described  by  their  names  and  location,  with  the  premises  thereto 
attached  for  officers'  and  soldiers'  quarters  and  for  guards  is  hereby  ceded  to 
the  United  States:  Provided,  hoivever,  That  jurisdiction  thereof  shall  be  re- 
tained by  the  State  of  Tennessee  so  far  as  to  punish  offenders  against  this  law 
by  presentment  or  indictment  and  fine  or  imprisonment  as  hereinafter  provided : 

Knoxville  National  Cemetery,  in  Knox  County,  containing  about  4  acres. 


TENNESSEE.  379 

Chattanooga  National  Cemetery,  in  Hamilton  County,  containing  about  75 
acres. 

Stones  River  National  Cemetery,  in  Rutherford  County,  containing  about  16 
acres. 

Shiloh  National  Cemetery,  in  Hardin  County,  containing  about  10  acres. 

Cumberland  River  National  Cemetery,  in  Stewart  County,  containing  about  25 
acres. 

Mississippi  River  National  Cemetery,  in  Shelby  County,  containing  about  25 
acres. 

Nashville  National  Cemetery  (on  Craighead  place,  so  called),  in  Davidson 
County,  containing  about  64  acres. 

Columbia  National  Cemetery,  in  Maury  County,  containing  about acres. 

Cumberland  Gap  National  Cemetery,  in  Claiborne  County,  containing  about  2 
acres. 

Hazen's  Brigade  National  Cemetery,  in  Rutherford  County,  containing  about 
2  acres. 

SEC.  2.  That  the  exclusive  jurisdiction  over  all  tracts  and  parcels  of  land,  with 
the  buildings  and  appurtenances  belonging  to  the  same  including  the  quarters  for 
Officers,  Keepers,  Guards  or  Soldiers  in  charge  of  the  same,  and  the  premises 
connected  therewith,  now  or  at  any  time  hereafter  purchased,  used  or  occupied 
by  the  United  States,  their  Officers  or  Agents,  for  Cemeteries  or  burial  places 
within  the  limits  of  this  State,  is  hereby  ceded  to  the  United  States,  and  when- 
ever such  premises  shall  be  no  longer  required,  used  or  occupied  by  the  United 
States,  the  jurisdiction  of  such  abandoned  property  may  revert  to  the  State  of 
Tennessee. 

SEC.  3.  The  property  over  which  jurisdiction  is  ceded  herein  shall  be  held 
exonerated  and  free  from  any  taxation,  or  assessment  under  the  authority  of  this 
State  or  of  any  municipality  therein,  until  the  jurisdiction  shall  have  reverted, 
and  the  title  and  possession  to  said  cemeteries,  grounds,  buildings  and  appurte- 
nances shall  be  protected  to  the  United  States,  and  no  process  of  any  court  shall 
be  permitted  against  the  same,  or  to  dispossess  the  Officers  or  Agents  of  the 
United  States,  thereof,  without  restricting  any  just  claim  for  damages  or  value, 
in  the  form  or  mode  provided  by  the  United  States  for  prosecuting  the  same. 

SEC.  4.  That  any  malicious,  wilful,  reckless  or  voluntary  injury  to,  or  mutila- 
tion of  the  graves,  monuments,  fences,  shrubbery,  ornaments,  walks  or  build- 
ings of  any  of  said  Cemeteries  or  burial  places  or  appurtenances,  shall  subject 
the  offender  or  offenders,  each,  to  a  fine  of  not  less  than  twenty  dollars,  to  which 
may  be  added,  for  an  aggravated  offense,  imprisonment  not  exceeding  six 
months  in  the  County  Jail  or  Work-house,  to  be  prosecuted  before  any  Court  of 
competent  jurisdiction. 

SEC.  5.  That  this  act  shall  take  effect  and  be  in  force  from  and  after  its  pas- 
sage. (Passed  Mar.  9,  1867.  Code  of  Tenn.,  1884,  sec.  72.) 

ANDREW   JOHNSON    NATIONAL   CEMETERY. 

This  reservation  is  situated  near  Greeneville,  in  Greene  County, 
and  contains  an  area  of  about  15  acres. 

Title. — Deed  from  Joseph  H.  Bachman,  dated  December  24.  1906. 
conveying  the  entire  tract,  reserving  an  easement  for  certain  graves 
adjacent  to  monument  to  Andrew  Johnson.  Recorded  in  book  82, 
page  85.  of  the  deed  records  of  Greene  County. 

Jurisdiction. — See  act  of  March  9,  1867,  page  378,  ante. 

CHATTANOOGA   NATIONAL   CEMETERY. 

This  reservation  is  situated  at  Chattanooga.  Hamilton  County,  and 
contains  an  area  of  129.53  acres,  about  75  acres  of  which  are  inclosed. 
The  cemetery  was  founded  by  order  of  Maj.  Gen.  George  H.  Thomas, 
December  25,  1863.  in  commemoration  of  the  Battle  of  Chattanooga, 
fought  November  23,  24,  25,  26,  and  27,  and  to  provide  a  proper 
resting  place  for  the  remains  of  the  brave  men  who  fell  in  said  battle, 
and  for  the  remains  of  such  as  should  thereafter  give  up  their  lives 


380  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

in  that  region  in  the  defense  of  their  country.  A  portion  of  the  lands 
comprising  this  reservation,  which,  although  originally  acquired  for 
national  cemetery  purposes,  had  been  used  as  a  military  post,  was  by 
G.  O.  6,  A.  G.  6.,  February  11,  1884,  declared  to  be  a  part  of  the 
national  cemetery. 

Title.— I.  Deed  from  Robert  M.  Hooke,  dated  July  14.  1870,  con- 
veying 48.92  acres  of  land.  Kecorded  in  book  T,  pages  142  and  143, 
of  the  deed  records  of  Hamilton  County. 

2.  Deed  from  T.  G.  Montague,  dated  August  12,  1870,  conveying 
3J  acres  of  land  (not  recorded). 

3.  Deed  from  H.  F.  Parish,  dated  August  16,  1870,  conveying  a 
tract  by  metes  and  bounds.     Recorded  in  book  T,  pages  226  and  227, 
of  same  records  as  1  supra. 

4.  Decree  of  condemnation  in  the  district  court  of  the  United  States 
for  the  eastern  district  of  Tennessee,  in  the  case  of  Joseph  Ruohs  et  al. 
v.  The  United  States,  involving  the  whole  of  the  lands  within  said 
reservation,  as  follows:  Lands  owned  by  Joseph  Ruohs,  75.45  acres; 
lands  owned  by  Robert  M.  Hooke,  48.92  acres ;  lands  owned  by  J.  R. 
Slayton,  2.82  acres;  and  lands  owned  by  the  heirs  of  John  Ambler, 
deceased,  2.34  acres,  the  whole  aggregating  129.53  acres  of  land. 
Decree  made  final  February  20, 1869,  and  filed  with  the  record  in  said 
cause  in  the  clerk's  office  of  said  court  at  Knoxville. 

By  ordinance,  dated  February  7,  1882,  the  city  of  Chattanooga 
granted  to  the  United  States  that  portion  of  Montgomery  Avenue 
from  its  intersection  with  Market  Street,  eastwardly  to  the  city  limits ; 
also  certain  land  to  continue  the  road  to  the  cemetery. 

Easements. — By  act  of  Congress,  approved  Tvluy  1,  1886  (24  Stat., 
19),  the  city  of  Chattanooga  was  granted  the  right  to  construct  a 
roadway  60  feet  in  width  and  about  860  feet  in  length  across  the 
reservation. 

By  deed  dated  February  20,  1905,  the  Secretary  of  War,  pursuant 
to  joint  resolution  of  Congress,  approved  February  3,  1905  (33  Stat. 
1281),  turned  over  to  Troop  B,  Unattached  Cavalry,  National  Guard 
of  Tennessee,  that  portion  of  the  cemetery  reservation  "  lying  outside 
of  said  cemetery  and  west  of  the  south  gate  thereof,"  subject  to  the 
limitations  and  provisions  of  said  joint  resolution,  including  the  reser- 
vation of  the  right  to  use  the  premises  for  military  purposes. 

Lease. — August  11,  1913,  to  the  Tennessee  Coffin  &  Casket  Co.  of 
about  one-third  of  an  acre,  in  that  portion  of  the  cemetery  reservation 
known  as  Jackson  Park,  lying  outside  of  the  cemetery  inclosure. 

Jurisdiction. — Ceded  by  act  of  the  State  legislature  passed  March 
y5  1867,  page  378,  ante. 

CHICKAMAUGA   AND  CHATTANOOGA    NATIONAL   PARK. 

See  "Chickamauga  and  Chattanooga  National  Park,"  under 
Georgia. 

FORT   DONELSON    NATIONAL    CEMETERY. 

This  reservation  is  situated  at  Dover,  on  the  Cumberland  River,  in 
Stewart  County,  and  contains  an  area  of  15.34  acres,  about  5  acres  of 
which  are  inclosed. 

Title. — Deed  from  James  P.  Flood  and  Nathan  Brandon,  dated 
April  23,  1867,  conveying  the  above  tract.  Recorded  in  book  A,  page 
197,  of  the  deed  records  of  Stewart  County. 


TENNESSEE.  381 

Jurisdiction. — Ceded  by  act  of  the  State  legislature,  approved 
March  9,  1867,  page  378,  ante. 

HAZEN  MONUMENT. 

This  reservation  is  situated  in  Rutherford  County,  near  Murf rees- 
boro,  between  the  Nashville,  Murfreesboro  and  Shelbyville  Turnpike 
and  the  Nashville  &  Chattanooga  Railroad,  and  contains  an  area  of 
145  poles  of  land. 

Title. — 1.  Decree  of  condemnation  for  above  property  in  a  proceed- 
ing entitled  R.  D.  Jamison,  administrator,  etc.,  et  al.  v.  J.  B.  Cowan 
et  al.,  in  the  chancery  court  for  Rutherford  County ;  rendered  at  the 
October  term,  1874.  Sale  upon  decree.  Purchased  by  the  United 
States  February  1, 1875,  and  confirmed  April  26, 1875.  Decree,  order 
and  report,  and  confirmation  of  sale  filed  with  the  record  in  the  clerk's 
office  of  said  court. 

2.  Deed  from  J.  W.  Sparks,  clerk  and  master  of  the  chancery  court 
at  Murfreesboro,  for  Rutherford  County,  dated  May  5,  1875,  convey- 
ing the  property  in  accordance  with  above  decree.  Registered  in 
book  21,  page  144,  and  noted  in  notebook  2,  page  11,  of  the  deed 
records  of  Rutherford  County. 

Jurisdiction. — See  act  of  March  9,  1867,  page  378,  ante. 

KNOXVILLE   NATIONAL   CEMETERY. 

This  reservation  is  situated  at  Knoxville,  in  Knox  County,  and 
contains  an  area  of  9.83  acres  of  land,  to  which  is  added  a  right  of 
way. 

Title. — 1.  Deed  from  John  Damron,  dated  June  10, 1867,  conveying 
10  acres  of  land,  more  or  less.  Registered  in  book  F,  volume  3,  page 
137,  of  the  deed  records  of  Knox  County. 

2.  Appraisement  of  above  land  and  decree  of  court  in  cause  of 
John  Damron  v.  The  United  States,  rendered  May  22,  1867,  in  the 
district  court  of  the  United  States  for  the  eastern  district  of  Tennes- 
see, and  filed  in  the  clerk's  office  of  said  court  at  Knoxville. 

The  right  of  way  from  a  point  in  the  city  of  Knoxville  to  the 
national  cemetery  was  procured  by  authority  of  an  act  of  Congress, 
approved  July  28,  1886  (24  Stat.,'l59),  and' title  is  as  follows: 

1.  Right  of  way  granted  January  5,  1886,  by  the  road  commis- 
sioner of  the  second  district  of  Knox  County. 

2.  Right  of  way  granted  (and  jurisdiction  to  manage,  etc.)   Sep- 
tember 3,  1886,  by  the  mayor  and  aldermen  of  the  city  of  Knoxville. 
Ordinance  filed  in  the  clerk's  office  at  Knoxville.    The  validity  of  this 
grant  has  been  question  as  being  ultra  vires. 

Jurisdiction. — Ceded  by  act  of  the  State  legislature,  approved 
March  9,  1867,  page  378,  ante. 

MEMPHIS   NATIONAL   CEMETERY. 

This  reservation  is  situated  about  7  miles  from  Memphis,  in  Shelby 
County,  and  contains  an  area  of  43.91  acres,  about  37  acres  of  which 
are  inclosed. 

Title.— I.  Deed  from  William  Sides,  dated  February  20,  1867,  con- 
veying 8  acres  of  land.  Recorded  in  record  book  No.  68,  page  156, 
etc.,  of  the  deed  records  of  Shelby  County. 


382  UNITED    STATES    MILITARY   RESERVATIONS,  ETC. 

2.  Deed  from  Augustus  Alston,  clerk  and  master  in  chancery, 
dated  April  8,  1867,  conveying  16  acres  of  land.    Recorded  in  record 
book  No.  68,  page  216,  etc.,  of  same  records. 

3.  Deed  from  Coleman  Boyd,  surviving  partner,  etc.,  et  al.,  dated 
May  23,  1868,  conveying  19.91  acres  of  land. 

Jurisdiction. — See  act  of  March  9,  1867,  page  378,  ante. 

MILITIA  TARGET  RANGE. 

This  range  is  situated  in  Knox  County  and  comprises  an  area  of 
120.9  acres. 

Title. — 1.  Deed  from  Harry  Godby  Tarvin  et  ux.,  dated  August 
10, 1907,  conveying  lot  1,  containing  53  acres.  Recorded  in  book  218, 
page  288,  of  the  deed  records  of  Knox  County. 

2.  Deed  from  John  Cogle  Tarvin  et  ux.,'  dated  August  10,  1907, 
conveying  two  tracts,  aggregating  67.9  acres.  Recorded  in  book  218, 
page  287,  of  same  records. 

NASHVILLE  NATIONAL  CEMETERY. 

This  reservation  is  situated  6  miles  north  of  Nashville,  on  the  Galla- 
tin  Turnpike,  and  !£  miles  from  Madison,  in  Davidson  County,  and 
contains  an  area  of  65  acres,  about  60.60  acres  of  which  are  inclosed. 

Title. — 1.  Deed  from  Morton  B.  Howell,  clerk  and  master  of  the 
chancery  court  at  Nashville  for  the  county  of  Davidson,  dated  July  3, 
1866,  conveying  45.91  acres  of  land.  Registered  in  book  No.  38,  page 
648,  of  the  deed  records  of  Davidson  County. 

2.  Decree  of  condemnation  and  sale  ordered  of  17  acres  and  156 
poles  in  cause  wherein  Peter  Anderson  was  plaintiff  and  McRoberts 
and  McKee  defendants,  in  the  chancery  court  for  the  county  of  David- 
son, at  Nashville.    Land  purchased  by  the  United  States  August  11. 
1866.    Decree,  report,  and  sale  confirmed  by  the  chancery  court  Janu- 
ary 19,  1867,  and  recorded  in  minute  book  L,  pages  276  to  280,  inclu- 
sive, in  the  clerk's  office  of  said  court  at  Nashville. 

3.  Deed  from  J.  Watts  Judson,  dated  October  17,  1879,  conveying 
1.50  acres.    Registered  in  book  No.  63,  pages  360  and  361,  of  the  deed 
records  of  Davidson  County. 

Easement. — By  authority  of  act  of  Congress  approved  September 
2,  1914  (38  Stat,  777),  the  Secretary  of  War,  by  instrument  dated 
October  10,  1914,  granted  a  permit  to  the  county  of  Davidson  to 
occupy  for  public-road  purposes  the  strip  of  land  outside  of  and 
adjacent  to  the  wall  inclosing  the  cemetery  on  the  western  side  thereof. 

Revocable  license. — November  9, 1912,  to  the  Louisville  &  Nashville 
Railroad  Co.  to  raise  the  grade  of  its  tracks  through  the  cemetery 
and  to  extend  the  slopes  of  the  embankment  upon  the  cemetery  prop- 
erty. 

Jurisdiction. — Ceded  by  act  of  the  State  legislature  approved  March 
9,  1867,  page  378,  ante. 

PITTSBURG  LANDING  NATIONAL  CEMETERY. 

This  reservation  is  situated  on  the  Tennessee  River  at  Pittsburg 
Landing,  in  Hardin  County,  and  contains  an  area  of  10.05  acres, 
about  9  acres  of  which  are  inclosed. 


TENNESSEE.  383 

Title. — Decree  of  condemnation  for  the  above  premises  in  the  cause 
entitled  the  United  States  v.  Mary  A.  Harmon  et  al.,  in  the  United 
States  district  court  for  the  district  of  West  Tennessee.  Decree  ren- 
dered January  6,  1869,  and  filed  with  the  record  of  said  cause  in  the 
clerk's  office  of  said  court  at  Memphis. 

Jurisdiction. — Ceded  by  act  of  the  State  legislature  approved  March 
9, 1867,  page  378,  ante. 

SHILOH  NATIONAL  CEMETERY. 

See  "  Pittsburg  Landing  National  Cemetery." 

SHILOH  NATIONAL  MILITARY  PARK. 

This  park,  situated  in  Hardin  County,  near  the  Tennessee  Eiver, 
was  established  under  authority  of  an  act  of  Congress,  approved 
December  27,  1894  (28  Stat,  597),  being  "An  act  to  establish  a  na- 
tional military  park  at  the  battlefied  of  Shiloh."  It  contains  3,546 
acres,  more  or  less. 

Title. — 1.  Deed  from  George  W.  L.  Smith  and  wife,  dated  Septem- 
ber 28, 1896,  conveying  85.18  acres  of  land.  Eecorded  in  book  Z,  page 
15,  etc.,  of  the  deed  records  of  Hardin  County. 

2.  Deed  from  Samuel  Chambers  and  wife,  dated  January  2,  1897, 
conveying  101  acres  of  land.    Eecorded  in  book  Z,  page  323,  etc.,  of 
same  records. 

3.  Deed  from  Thomas  Walker,  dated  January  2,  1897,  conveying 
206.05  acres.    Eecorded  in  book  Z,  page  206,  etc.,  of  same  records. 

4.  Deed  from  W.  G.  Petty  and  wife,  dated  April  17,  1897,  convey- 
ing 206.15  acres.    Eecorded  in  book  Z,  page  331,  etc.,  of  same  records. 

5.  Deed  from  W.  G.  Petty  and  wife,  dated  April  17,  1897,  convey- 
ing 204.97  acres  of  land.    Eecorded  in  book  Z,  page  342,  etc.;  of  same 
records. 

6.  Deed  from  P.  N.  Tilghman  and  wife,  dated  April  28,  1897,  con- 
veying 79.08  acres  of  land.    Eecorded  in  book  Z,  page  329,  etc.,  of 
same  records. 

7.  Decree  of  condemnation  of  180.90  acres  of  land  in  cause  No. 
2274,  The  United  States  v.  W.  C.  and  O.  C.  Meeks,  in  the  district 
court  of  the  United  States,  within  and  for  the  eastern  division  of 
the  western  district  of  Tennessee,  in  the  sixth  judicial  circuit  thereof. 
Eendered  April  27,  1897,  and  filed  with  the  record  in  said  cause  in 
the  clerk's  office  of  said  court  in  the  city  of  Jackson. 

8.  Deed  from  Samuel  Chambers  and  wife,  dated  February  23, 1897, 
conveying  65.11  acres.    Eecorded  in  book  A  A,  page  241,  etc.,  of  the 
records  of  Hardin  County. 

9.  Deed  from  James  J.  Fraley  and  wife,  dated  August  26,  1897, 
conveying  160.45  acres.    Eecorded  in  book  A  A,  page  65,  etc.,  of  same 
records. 

10.  Deed  from  James  J.  Fraley  and  wife,  dated  September  11, 
1897,  conveying  52.52  acres.    Eecorded  in  book  A  A,  page  67,  etc., 
of  same  records. 

11.  Deed  from  W.  G.  Petty  and  wife,  dated  November  29,  1897, 
conveying  151.31  acres.    Eecorded  in  book  A  A,  page  243,  etc.,  of 
same  records. 

12925°— 16 25 


384  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

12.  Deed  from  Samuel  Chambers  and  wife,  dated  December  1. 
1897,  conveying  385.77  acres.    Recorded  in  book  A  A,  page  247,  etc.J 
of  same  records. 

13.  Deed  from  W.  A.  Rowsey  and  wife,  dated  December  1,  1897, 
conveying  89.65  acres.    Recorded  in  book  A  A,  page  72,  etc.,  of  same 
records. 

14.  Deed  from  S.  M.  Rogers  and  wife,  dated  December  13,  1897, 
conveying  69.81  acres.    Recorded  in  book  A  A,  page  64,  etc.,  of  same 
records. 

15.  Deed  from  Samuel  Chambers  and  wife,  dated  December  29, 

1897,  conveying  56.94  acres.    Recorded  in  book  A  A,  page  365,  etc., 
of  same  records. 

16.  Deed  from  John  R.  Duncan  and  wife  et  al.,  dated  January  8, 

1898,  conveying  168.84  acres.    Recorded  in  book  A  A,  page  245,  etc., 
of  the  same  records. 

17.  Deed  from  D.  H.  Cantrell  and  wife,  dated  January  8,  1898, 
conveying  36.28  acres.     Recorded  in  book  A  A,  page  69,  of  same 
records. 

18.  Deed  from  Geo.  H.  Hurley  and  wife,  dated  January  8,  1898, 
conveying  43.50  acres.     Recorded  in  book  A  A,  page  71,  of  same 
records. 

19.  Deed  from  J.  W.  Lowell  and  wife,  dated  January  8,  1898,  con- 
veying 37.54  acres.    Recorded  in  book  A  A,  page  63,  etc.,  of  same 
records. 

20.  Deed  from  Ervin  P.  Tillman  and  wife,  dated  January  8,  1898, 
conveying  35.55  acres.    Recorded  in  book  A  A,  page  369,  etc..  of  same 
records. 

21.  Deed  from  F.  M.  Hagy  and  wife,  dated  December  28,  1898, 
conveying  211.54  acres.     Recorded  in  book  B  B,  page  122,  etc.,  of 
same  records. 

22.  D^ed  from  W.  G.  Petty  and  wife,  dated  January  7,  1899,  con- 
veying 146.59   acres.     Recorded  in  book  A  A,  page  364,  of  same 
records. 

23.  Deed  from  Samuel  Chambers  and  wife,  dated  January  7,  1899, 
conveying  31.20  acres.     Recorded  in  book  B  B,  page  129,  etc.,  of 
same  records. 

24.  Deed  from  James  W.  Bell  and  wife,  dated  January  7.  1899. 
conveying  72.21  acres.     Recorded  in  book  A  A,  page  315,  etc.,  of 
same  records. 

25.  Deed  from  Hugh  D.  Harris  and  wife,  dated  January  7,  1899. 
conveying  1  acre.    Recorded  in  book  A  A.  page  431,  of  same  records. 

26.  Deed  from  A.  W.  Walker  and  wife,  dated  January  9,  1899. 
conveying  172.60  acres.    Recorded  in  book  A  A,  page  367,  of  same 
records. 

27.  Deed  from  M.  C.  McDaniel  and  wife,  dated  August  10,  1899, 
conveying  7.26  acres.    Recorded  in  book  B  B,  page  130,  etc.,  of  same 
records. 

28.  Deed  from  Samuel  Chambers  and  wife,  dated  March  16,  1903, 
conveying  2.4  acres.    Recorded  in  book  D  D,  page  230,  etc.,  of  same 
records. 

29.  Deed  from  O.  H.  P.  Cantrell  and  wife,  dated  July  14,  1903, 
conveying  75.08  acres.     Recorded  in  book  D  D,  page  251,  etc.,  of 
same  records. 


TENNESSEE.  385 

30.  Deed  from  D.  C.  McCullers  and  wife,  dated  July  10,  1903,  con- 
veying 86.87  acres.    Recorded  in  book  D  D,  pages  412,  et  seq.,  of  same 
records. 

31.  Deed  from  William  J.  Petty  and  wife,  dated  November  12, 
1903,  conveying  100.41  acres.     Recorded  in  book  D  D,  pages  407, 
et  seq.,  of  same  records. 

32.  Deed  from  O.  H.  P.  Cantrell,  dated  September  1,  1908.  con- 
veying 88.74  acres.     Recorded  in  book  H  H.  page  508,  of  same 
records. 

33.  Decree  of  the  United  States  district  court  for  the  western 
district  of  Tennessee,  in  case  of  United  States  v.  D.  C.  McCullers 
et  al.,  rendered  June  8,  1911,  covering  52.43  acres. 

34.  Decree  of  the  United  States  district  court  for  the  western 
district  of  Tennessee,  in  case  of  United  States  v.  W.  E.  Morris, 
rendered  June  8,  1911,  covering  13.11  acres. 

35.  Deed  from  W.  C.  Meeks  et  al.,  dated  June  8,  1911,  conveying 
two  tracts  of  land,  one  containing  22  acres  and  the  other  10.08  acres. 
Recorded  in  book  K  K,  pages  542  et  sek.,  of  same  records. 

36.  Deed  from  H.  Abernathy,  dated  January  27,  1911,  conveying 
3.57  acres.     Recorded  in  book  K  K,  pages  461-462,  of  same  records. 

37.  Deed  from  G.  H.  Hurley  and  wife,  dated  February  28,  1911, 
conveying  4.83  acres.     Recorded  in  book  K  K,  pages  462-463,  of  same 
records. 

38.  Deed  from  J.  P.  Cantrell  and  wife,  dated  February  1,  1911, 
conveying  two  tracts  of  land,  one  containing  11.67  acres  and  the  other 
4  acres.     Recorded  in  book  K  K,  pages  457  et  seq.,  of  same  records. 

39.  Deed  from  E.  R.  Underbill  and  wife,  dated  February  2,  1911, 
conveying  10.95  acres.     Recorded  in  book  K  K,  pages  540-541,  of 
same  records. 

40.  Deed  from  Samuel  Chambers  and  wife,  dated  February  20. 
1911,  conveying  1  acre.     Recorded  in  book  K  K,  pages  541-542,  01 
s&me  records. 

41.  Quitclaim  deed  from  I.  W.  Phillips  et  al.,  dated  August  1, 1911, 
t  >  two  tracts  of  land  conveyed  by  No.  35,  supra.    Recorded  in  book 
L  L,  pages  37-39,  of  same  records. 

Revocable  licenses. — July  31,  1906,  to  the  Tulu  Telephone  Co.,  for 
telephone  line  through  the  park. 

August  16,  1910,  and  September  13,  1911,  to  the  Sun  Telephone  & 
Telegraph  Co.,  to  operate  and  maintain  its  existing  telephone  system, 
and  to  construct,  operate,  and  maintain  an  addition  thereto. 

Jurisdiction. — Ceded  by  the  act  of  the  State  legislature  approved 
April  29,  1895,  which  provides  as  follows: 

Whereas,  The  Congress  of  the  United  States  has  by  an  act,  approved  December 
27,  1894,  appropriated  seventy-five  thousand  dollars  for  the  purchase  of  the 
battle-field  of  Shiloh,  in  the  State  of  Tennessee,  and  for  beginning  the  establish- 
ment of  a  National  Military  Park  thereon,  where  the  history  of  all  military 
organizations  engaged  in  that  battle  is  to  be  impartially  preserved  by  tablets 
and  monuments,  and  where  all  the  States  which  had  troops  in  the  engagement 
are  to  have  equal  rights  and  recognition : 

SECTION  1.  Be  it  enacted,  etc.,  That  upon  the  acquisition  of  title  by  the  United 
States,  through  the  payment  of  such  sum  as  may  be  agreed  upon  with  the 
respective  owners,  or  fixed  by  the  decree  of  any  court  which  may  have  proper 
and  legal  jurisdiction  of  the  matter,  the  jurisdiction  of  the  State  of  Tennessee 
over  the  said  tract  thus  acquired,  its  lands  and  roads,  is  hereby  ceded  to  the 
United  States  for  the  purposes  set  forth  in  said  Act  of  Congress,  approved 
December  27th,  1894,  establishing  the  said  Shiloh  National  Military  Park— that 


386  UNITED   STATES    MILITARY   RESERVATIONS,  ETC. 

is  to  say,  over  a  tract  situated  in  Hardin  County,  or  in  Hardin  and  MeNairy 
Counties,  in  the  State  of  Tennessee,  or  over  so  much  thereof  as  the  Commission- 
ers of  the  park  may  deem  necessary  to  acquire,  to  wit:  Beginning  at  low-water 
mark  on  the  north  bank  of  Snake  Creek,  where  it  empties  into  the  Tennessee 
River;  thence  westwardly  in  a  straight  line  to  the  point  where  the  river  road 
to  Crump's  Landing,  Tennessee,  crosses  Snake  Creek ;  thence  along  the  channel 
of  Snake  Creek  and  Owl  Creek;  thence  along  the  channel  of  Snake  Creek  to 
Owl  Creek ;  thence  along  the  channel  of  Owl  Creek  to  the  crossing  of  the  road 
from  Hamburg  to  Purdy ;  thence  southwardly  in  a  straight  line  to  the  intersec- 
tion of  an  east  and  west  line  drawn  from  the  point  where  the  road  to  Hamburg, 
Tennessee,  crosses  Lick  Creek,  near  the  mouth  of  the  latter;  thence  eastward 
along  the  said  east  and  west  line  to  the  point  where  the  Hamburg  road  crosses 
Lick  Creek;  thence  along  the  channel  of  Lick  Creek  to  the  Tennessee  River; 
thence  along  the  low-water  mark  of  the  Tennessee  River  to  the  point  of  begin- 
ning, and  such  other  lands  contiguous  thereto  as  the  said  park  commissioners 
may  consider  it  necessary  to  acquire:  Provided,  That  this  cession  is  upon  the 
express  condition  that  the  State  of  Tennessee  shall  so  far  retain  a  concurrent 
jurisdiction  over  said  lands  and  roads,  as  that  all  civil  and  criminal  processes 
issued  under  the  authority  of  the  State  of  Tennessee  may  be  executed  thereon 
in  like  manner  as  if  this  act  had  not  been  passed. 

SEC.  2.  Be  it  enacted,  etc.,  That  this  Act  shall  take  effect  from  and  after  its 
passage,  the  public  welfare  requiring  it.  (Acts  of  Tenn.,  1895,  p.  117.) 

STONES   RIVER   NATIONAL   CEMETERY. 

This  reservation  is  situated  about  3  miles  from  Murfreesboro,  in 
Rutherford  County,  and  contains  an  area  of  20.10  acres  of  land,  about 
18.45  acres  inclosed. 

Title. — 1.  Deed  from  James  M.  Tompkins,  clerk  and  master  of  the 
chancery  court  for  Rutherford  County,  dated  July  10,  1868,  convey- 
ing 7  acres  and  69  poles  of  land.  Recorded  in  book  No.  16,  pages  30 
and  31,  of  the  deed  records  of  Rutherford  County. 

2.  Deed  from  James  M.  Tompkins,  dated  February  10,  1868,  con- 
veying 8  acres  and  105  poles  of  land.    Recorded  in  book  No.  15,  page 
357,  of  same  records. 

3.  Deed  from  James  M.  Tompkins,  dated  August  10,  1868,  con- 
veying 4  acres  of  land.    Recorded  in  book  16,  pages  31  and  32,  of 
same  records. 

Jurisdiction. — Ceded  by  act  of  the  State  legislature  approved 
March  9, 1867,  page  378,  ante. 

TEXAS. 

GENERAL  ACTS  OF  CESSION. 

Section  34  of  article  16  of  the  constitution  of  Texas  provides : 

The  legislature  shall  pass  laws  authorizing  the  governor  to  lease  or  sell  to 
the  Government  of  the  United  States  a  sufficient  quantity  of  the  public  domain 
of  the  state  necessary  for  the  erection  of  forts,  barracks,  arsenals  and  military 
stations  or  camps,  and  for  other  needful  military  purposes;  and  the  action  of 
the  governor  therein  shall  be  subject  to  the  approval  of  the  legislature. 

Under  the  foregoing  constitutional  enactment,  the  State  legislature 
passed  the  acts  of  December  19,  1849;  February  12,  1854;  April  4, 
1871;  and  November  28, 1871,  giving  consent  to  the  purchase  or  con- 
demnation of  lands  for  military  and  other  purposes  by  the  United 
States,  providing  for  the  cession  of  jurisdiction  thereto,  and  other 
matters  in  connection  therewith,  which  acts  provide  as  follows  (see 


TEXAS.  387 

Rev.  Stats,  of  Texas,  1895,  p.  102,  and  Sayles'  Texas  Civil  Statutes, 
1897,  vol.  1,  pp.  172-174): 

SECTION  1.  Be  it  enacted,  etc.,  That  the  United  States  be,  and  they  are  hereby 
authorized  and  empowered  to  purchase,  acquire,  hold,  own,  occupy  and  possess 
such  land  or  lands,  within  the  limits  of  this  State,  as  they  shall  judge  it  ex- 
pedient and  shall  seek  to  occupy  and  hold,  as  sites  on  which  to  erect  and  main- 
tain lighthouses,  forts,  garrisons,  military  stations,  magazines,  arsenals,  dock- 
yards, and  other  needful  buildings,  or  any  of  them,  as  contemplated  and  pro- 
vided in  the  constitution  of  the  United  States;  said  purchases  to  be  effected 
either  by  contract  with  the  owner  or  owners  of  said  land  or  lands  or  in  the 
manner  hereinafter  provided. 

Section  2  provides  a  method  of  acquiring  the  lands  when  the  agent 
of  the  United  States  and  owner  or  owners  can  not  agree  for  the  sale 
and  purchase;  also  provides  a  method  of  appraisement. 

Section  3  provides  for  the  same,  etc.,  when  the  owner  or  owners  are 
unknown. 

SEC.  4.  Be  it  further  enacted,  That  whenever  the  United  States  shall  contract 
for,  purchase  or  acquire  any  land  or  lands,  within  the  limits  of  this  State,  for 
the  purposes  aforesaid,  in  either  of  the  modes  above  mentioned  and  provided, 
and  shall  desire  to  acquire  constitutional  jurisdiction  over  such  land  or  lands, 
for  said  purposes,  it  shall  and  may  be  lawful  for  tfie  Governor  of  this  State, 
upon  application  made  to  him  in  writing,  on  behalf  of  the  United  States,  for 
that  purpose,  accompanied  by  the  proper  evidence  of  said  purchase,  contract 
or  acquisition,  of  record,  describing  the  land  or  lands  sought  to  be  ceded  by  con- 
venient metes  and  bounds,  in  the  name  and  behalf  of  this  State,  to  cede  to  the 
United  States  exclusive  jurisdiction  over  the  land  or  lands  so  purchased  or 
acquired  and  sought  to  be  ceded  to  the  United  States,  to  hold,  use,  occupy,  own, 
possess  and  exercise  said  jurisdiction  over  the  same  for  the  purposes  aforesaid : 
Provided  always,  the  consent  of  aforesaid  is  hereby  given,  and  the  cession 
aforesaid  is  to  be  granted  and  made  as  aforesaid  upon  the  express  condition 
that  this  State  shall  retain  a  concurrent  jurisdiction  with  the  United  States,  in 
and  over  the  land  or  lands  so  to  be  ceded  and  every  portion  thereof,  so  far, 
that  all  process,  civil  or  criminal,  issuing  under  the  authority  of  this  State, 
or  any  of  the  Courts  or  judicial  officers  thereof,  may  be  executed  by  the 
proper  officers  thereof,  upon  any  person  or  persons  amenable  to  the  same, 
within  the  limits  and  extents  of  the  land  or  lands  so  ceded,  in  like  man- 
ner or  to  like  effect  as  if  this  act  had  never  been  passed — saving,  however, 
to  the  United  States,  security  to  their  property  within  said  limits  and  extent,  an 
exemption  of  the  same  and  of  said  land  or  lands  from  any  taxation,  under  the 
authority  of  this  State,  whilst  the  same  shall  continue  to  be  owned,  held,  used 
and  occupied  by  the  United  States  for  the  purposes  above  expressed  and  intended 
and  not  otherwise.  (Act  approved  Dec.  19,  1849.) 

SECTION  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  in  all 
cases  where  the  State  of  Texas  may  be  the  owner  of  the  land  which  the  United 
States  may  select,  and  wish  to  acquire  and  occupy  for  any  of  the  purposes 
specified  in  the  first  section  of  the  Act  to  which  this  is  supplemental,  it  shall 
be  lawful  for  the  Governor  of  this  State  to  contract  and  agree  for  the  sale 
thereof  and  upon  the  payment  thereof  by  the  United  States  of  the  purchase 
money  into  the  Treasury  of  this  State,  it  shall  be  the  duty  of  the  Commissioner 
of  the  General  Land  Office  upon  the  order  of  the  Governor,  to  issue  a  patent  to 
the  United  States  in  like  manner  as  other  patents  are  issued. 

SEC.  2.  That  whenever  the  United  States  shall  become  the  purchaser  of  any 
land  in  the  manner  pointed  out  in  the  preceding  section  and  shall  desire  to 
acquire  constitutional  jurisdiction  over  the  same,  for  any  of  the  purposes  speci- 
fied in  the  first  section  of  the  said  act  to  which  this  is  supplemental,  it  shall 
be  lawful  for  the  Governor  of  this  State  to  cede  said  jurisdiction  to  the  United 
States  in  the  same  manner  and  under  the  same  restrictions,  as  by  the  fourth 
section  of  said  act  he  is  authorized  to  make  such  cession  on  lands  acquired  by 
the  United  States  in  the  manner  therein  authorized.  (Act  approved  Feb.  13, 
1854,  supplemental  to  act  of  Dec.  19,  1849.) 

SECTION  1.  Be  it  enacted,  etc.,  That  the  consent  of  the  Legislature  of  the  State  of 
Texas  be  and  the  same  is  hereby  given  to  the  purchase,  by  the  Government  of  the 
United  States,  or  under  the  authority  of  the  same,  of  any  tract,  piece  or  parcel 
of  land,  from  any  individual  or  individuals,  bodies  politic  or  corporate,  within 


388  UNITED    STATES    MILITARY   RESERVATIONS,  ETC. 

the  boundaries  or  limits  of  the  State,  for  the  purpose  of  erecting  therein  light- 
houses and  other  needful  public  buildings  whatever;  and  all  deeds,  convey- 
ances of  title  papers  for  the  same  shall  be  recorded,  as  in  other  cases,  upon  the 
land  records  of  the  county  in  which  the  land  so  conveyed  may  lie;  and  in  like 
manner  may  be  recorded  a  sufficient  description,  by  metes  and  bounds,  courses 
and  distances  of  any  tract  or  tracts,  legal  divisions  of  any  public  land  belonging 
to  the  United  States,  which  may  be  set  apart  by  the  General  Government  for 
any  or  either  of  the  purposes  before  mentioned,  by  an  order,  patent  or  other 
official  document  or  paper  so  describing  such  land.  The  consent  herein  and 
hereby  given  being  in  accordance  with  the  seventeenth  clause  of  the  eighth 
section  of  the  first  .article  of  the  Constitution  of  the  United  States,  and  with 
the  acts  of  Congress  in  such  cases  made  and  provided. 

SEC.  2.  The  lots,  parcels  or  tracts  of  land  so  selected,  together  with  the 
tenements  and  appurtenances  for  the  purposes  before  mentioned,  shall  be  held 
exempt  from  taxation  by  the  State  of  Texas.  (Act  approved  Apr.  4,  1871.) 

SECTION  1.  Be  it  enacted,  etc.,  That  section  two  of  "An  Act  for  ceding  to  the 
United  States  jurisdiction  of  certain  lands  in  this  State  for  public  purposes," 
approved  December  19,  1849,  be  so  amended  that  hereafter  it  shall  read  as 
follows:  If  the  Executive  Officer,  or  other  authorized  agent  employed  by  the 
United  States  to  make  such  purchase  or  purchases,  and  the  owner  or  owners 
of  the  land  or  lands,  contemplated  to  be  purchased  as  aforesaid,  can  not  con- 
tract or  agree  for  the  sale  and  purchase  thereof,  it  shall  be  lawful  for  such  oflirer, 
or  other  agent,  to  apply  in  writing  to  the  judge  of  the  district  court  of  the  county 
in  which  such  land  or  lands,  or  the  greater  portion  thereof,  may  be  situated,  to 
estimate  the  value  of  such  land  or  lands  in  the  manner  hereinafter  mentioned, 
and  to  order  a  conveyance  of  the  same  to  the  United  States  for  the  purposes 
aforesaid;  whereupon  it  shall  be  the  duty  of  said  judge,  and  he  is  hereby  author- 
ized and  empowered,  after  reasonable  notice  given  to  said  owner  or  owners, 
their  legal  representatives  or  guardians,  to  hear  and  finally  determine  the  value 
of  the  land  or  lands  in  question  by  a  competent  jury,  under  oath,  to  be  sum- 
moned by  the  sheriff  or  the  proper  officer  of  said  court,  for  that  purpose,  or 
by  a  committee  of  three  persons,  such  as  shall  be  agreed  upon  and  appointed 
by  the  parties  aforesaid,  such  committee,  if  agreed  on  and  appointed  as  ;i  fore- 
said,  to  be  duly  sworn  faithfully  and  impartially  to  value  the  land  or  lands 
last  aforesaid,  and  the  value  thereof  being  thus  ascertained  to  the  satisfaction 
of  said  judge  after  survey  thereof,  duly  made  under  the  direction  of  himself, 
or  by  consent  of  said  parties,  and  after  such  other  proceedings  in  the  premises 
as  he  shall  deem  right  and  proper  he  shall  order  and  decree  the  same  to  be 
conveyed  in  clue  form  to  the  United  States,  to  be  held,  owned  and  possessed 
by  them  for  the  purposes  aforesaid  and  none  other ;  Provided,  That  the  amount 
of  such  valuation  with  the  reasonable  costs  of  such  owner  or  owners  attending 
such  proceedings  shall  be  paid  to  him,  her  or  them,  or  into  said  court  for  his, 
her  or  their  use  before  execution  or  record  of  such  conveyance,  and ;  provided 
moreover,  that  if  it  shall  appear  to  said  judge,  upon  objection  made  by  surh 
owner  or  owners,  their  representatives  or  guardians,  that  the  quantity  of  any 
given  tract,  parcel  or  extent  of  land  sought  to  be  purchased  as  aforesaid  is 
greater  than  reasonable,  he  may,  in  his  discretion,  refer  the  matter  of  such 
objection  to  the  Governor  of  this  State  for  his  determination,  and,  1'roriilcd 
further,  That  if  the  Executive  Officer,  or  other  authorized  agent  employed  by 
the  United  States  to  make  such  purchase  as  contemplated  in  this  act,  shall 
desire  to  purchase  any  land  or  lands  owned  by  private  party  or  parties  and 
not  situated  within  the  limits  of  any  county  in  this  State,  then,  in  such  case, 
upon  application  being  made  by  the  said  officer  or  agent  of  the  United  States, 
to  the  Governor  of  this  State,  it  shall  be  the  duty  of  the  Governor  to  designate 
the  district  judge  have  [having]  jurisdiction  over  the  organized  county  nearest 
to  the  land  or  lands  where  purchase  is  thus  sought;  whereupon,  it  shall  be 
lawful  for  the  said  officer  or  agent  of  the  United  States  to  institute  proceedings 
before  the  said  judge  in  the  county  nearest  to  the  said  land  or  lands  for  the 
conveyance  of  the  same  to  the  United  States  for  the  purposes  aforesaid,  and  it 
shall  be  the  duty  of  the  said  judge,  as  he  is  hereby  authorized  and  empowered 
to  proceed  in  all  things  necessary  to  the  correct  valuation  and  to  the  con- 
veyance to  the  United  States,  of  said  land  or  lands  as  if  the  same  were  situated 
within  the  county  wherein  proceedings  had  been  instituted  therefor,  and  the 
said  judge  shall  order  and  decree  the  conveyance  in  due  form  to  the  United 
States,  of  such  land  or  lands  to  be  held,  owned  and  possessed  by  the  United 
States  for  the  purposes  aforesaid  and  none  other.  (Act  approved  Nov.  28,  1S71, 
amending  sec.  2  of  act  of  Dec.  19,  1849.) 


TEXAS.  389 

FORT  BLISS. 

This  reservation  is  situated  on  the  El  Paso  &  Southwestern  Rail- 
road about  5  -miles  northeast  of  the  city  of  El  Paso,  in  El  Paso 
County,  and  contains  an  area  of  1,271.78  acres,  more  or  less,  with 
metes  and  bounds  as  given  in  G.  O.  47,  W.  D.,  1910. 

The  lands  were  acquired  for  a  military  post  to  be  known  as  Fort 
Bliss,  under  authority  of  an  act  of  Congress  approved  March  1, 1890. 
(26  Stat.,  16.) 

Title. — 1.  Letter  patent  from  the  State  of  Texas  to  the  United 
States  as  assignee  of  B.  D.  Russell,  dated  August  13,  1890,  conveying 
640  acres  of  land.  Recorded  in  patent  record,  volume  25,  page  129, 
of  the  deed  records  of  El  Paso  County. 

2.  Quitclaim  deed  from  Dr.  Edward  Alexander,  dated  August  30, 
1890,  conveying  land  by  metes  and  bounds.     Recorded  in  book  24, 
page  292,  of  same  records. 

3.  Deed  from  W.  J.  Glenn  et  al.,  dated  September  1,  1890,  convey- 
ing 180.50  acres  of  land.    Recorded  in  book  No.  19,  page  285,  of  same 
records. 

4.  Deed  from  Charles  R.  Morehead  et  al.,  dated  September  19, 
1890,  conveying  179.50  acres  of  land.    Recorded  in  book  19,  page  286, 
of  same  records. 

5.  Deed  from  W.  J.  Glenn,  dated  February  24, 1891,  conveying  30.2 
acres  of  land.    Recorded  in  book  19,  page  354,  of  same  records. 

6.  Deed  from  Richard  L.  Mayer,  dated  March  10,  1891,  conveying 
30.2  acres  of  land.    Recorded  in  book  19,  page  355,  of  same  records. 

7.  Deed  from  B.  H.  Davis  et  al.,  dated  May  9,  1891,  conveying  236 
acres  of  land.    Recorded  in  book  19,  page  356,  of  same  records. 

8.  Deed  from  county  judge,  dated  December  4,  1911,  conveying 
right  of  way  for  sewer. 

9.  Ordinance  of  the  city  council  of  the  city  of  El  Paso,  April  11, 
1912,  covering  perpetual  easement  for  a  sewer. 

10.  Agreement  dated  June  10,  1912,  with  the  Galveston,  Harris- 
burg  &  San  Antonio  Railway  Co.,  granting  to  the  United  States  the 
right  to  lay  and  maintain  a  sewer  pipe  under  the  right  of  way  of  said 
company. 

Easement. — By  act  of  Congress  approved  June  10,  1896  (29  Stat., 
386),  the  El  Paso  &  Northeastern  Railroad  Co.  was  granted  a  right 
of  way  100  feet  wide  across  the  reservation.  Route  approved  by 
Secretary  of  War  November  20,  1897. 

Revocable  licenses. — September  6,  1904,  to  Wing  Wong  to  occupy 
for  the  purpose  of  a  residence,  and  in  which  to  conduct  a  laundry, 
an  adobe  house,  heretofore  occupied  by  him  under  permission  of  the 
post  commander. 

August  28,  1905,  to  International  Water  Co.  of  El  Paso,  Tex.,  to 
lay  and  maintain  a  16-inch  water  pipe  line  along  and  within  right  of 
way  of  the  El  Paso  &  Northeastern  Railroad  Co.,  for  the  purpose  of 
supplying  the  city  of  El  Paso  with  water. 

May  — ,  1913,  to  the  El  Paso  &  Southwestern  Railway  Co.  to  con- 
struct and  maintain  railway  spurs  and  sidings  on  reservation. 

April  27,  1914,  to  the  El  Paso  Electric  Railway  Co.  to  maintain 
and  operate  an  electric  railway  with  waiting  station  on  reservation. 

October  17,  1914,  to  the  Logan  Heights  Investment  Co.  to  con- 
struct and  maintain  a  roadway  across  the  target  range  of  reservation. 


390  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

Jurisdiction. — Deed  from  the  governor  of  the  State  of  Texas,  ced- 
ing jurisdiction  over  the  1,266.2  acres,  in  accordance  with  the  consti- 
tution and  foregoing  cited  laws  of  the  State  of  Texas.  Deed  dated 
April  12,  1892,  and  recorded  in  volume  33,  page  555,  etc.,  of  same 
records. 

See  also  "  General  acts  of  cession." 

BROWNSVILLE  NATIONAL  CEMETERY. 

This  reservation  is  situated  about  1  mile  from  Brownsville,  in 
Cameron  County,  and  contains  an  area  of  25.50  acres,  about  6  acres 
of  which  are  inclosed,  and  a  right  of  way. 

Title. — Decree  of  condemnation  for  said  tract  in  the  matter  of 
the  application  of  the  United  States  for  an  appraisement,  etc.  Ren- 
dered March  22,  1872,  in  the  United  States  district  court  for  the 
eastern  district  of  Texas,  and  recorded  on  pages  150  and  151  of  the 
minute  book  of  said  proceedings  in  the  clerk's  office  of  said  court  at 
Brownsville. 

Jurisdiction. — See  acts  of  the  State  legislature  under  the  title 
u  General  acts  of  cession." 

FORT  CLARK. 

This  reservation  is  situated  on  the  south  bank  of  and  about  400 
yards  from  the  head  of  Las  Moras  Creek,  opposite  Bracket tville,  in 
Kinney  County,  and  contains  an  area  of  3,963.2  acres,  with  metes 
and  bounds  as  announced  in  G.  O.  8,  W.  D.,  Jan.  19,  1909.  Post 
first  occupied  June  20, 1852. 

Title.— Deed  from  Mary  A.  Maverick,  dated  December  11,  1883, 
conveying  the  reservation  by  metes  and  bounds.  Recorded  in  vol- 
ume A,  No.  5,  page  25,  of  the  deed  records  of  Kinney  County.  Pur- 
chase made  under  authority  of  an  act  of  Congress  approved  April 
16,  1880  (21  Stat.,  73).  This  property  was  formerly  held  by  lease 
from  Samuel  Maverick  to  the  United  States. 

Revocable  licenses. — April  21,  1906,  to  Lone  Star  Telephone  Co. 
lor  private  telephone  system. 

February  11,  1915,  to  the  town  of  Brackettville  to  install  and 
operate  a  town  pump  on  reservation. 

Jurisdiction. — For  consent  to  the  purchase  and  provision  for  ces- 
sion of  jurisdiction,  see  acts  of  the  State  legislature  under  the  title 
of  "  General  acts  of  cession." 

FORT  CROCKETT. 

This  reservation  is  situated  in  the  city  of  Galveston  and  county  of 
Galveston,  and  contains  an  area  of  about  125.57  acres,  with  metes 
and  bounds  as  given  in  G.  O.  118.  W.  D.,  June  24,  1910. 

Title. — 1.  Deed  from  the  Galveston  Land  &  Improvement  Co., 
dated  January  18,  1897,  conveying  blocks  numbered  213  to  216,  in- 
clusive; 233  to  240,  inclusive;  and  257  to  260  inclusive;  the  same 
forming,  with  the  streets  and  avenues  which  are  also  conveyed,  out 
lots  205,  206,  230,  and  231.  Recorded  in  book  141,  pages  431  to  436, 
of  the  deed  records  of  Galveston  County,  at  Galveston. 


TEXAS.  391 

2.  Ratification  by  the  Galveston  Co.,  etc.,  of  sale  and  conveyance 
of  lots,  streets,  avenues,  etc.,  dated  January  18,  1897,  as  per  No.  1, 
supra.    Recorded  in  book  157,  page  402,  etc.,  of  same  records. 

3.  Quitclaim  deed  from  the  Galveston  City  Co.,  dated  February 
15,  1897,  conveying  all  interest  in  the  streets  and  avenues  that  cross 
and  traverse  out  lots  205,  206,  230,  and  231  (described  in  deed  No. 
1,  supra) ;  also  a  strip  of  land  between  out  lots  230  and  231  and  the 
Gulf  of  Mexico.     Recorded  in  book  141,  page  429,  etc.,  of  same 
records. 

4.  Ordinance  of  city  council  of  Galveston,  ceding  streets,  avenues, 
etc.,  as  described  in  deed  No.  1,  supra.     Original  act  part  of  the 
records  in  the  city  clerk's  office  at  Galveston. 

5.  By  an  act  of  the  State  legislature  passed  February  15,  1897, 
which  became  a  law  March  3,  1897,  without  the  governor's  signature, 
the  action  of  the  city  council  of  Galveston  in  ceding  to  the  United 
States  the  streets,  alleys,  and  other  public  highways  intervening 
between  the  blocks  and  lots  purchased  by  the  United  States  for  forti- 
fication purposes  was  confirmed  and  ratified.     (See  Laws  of  Texas, 
1897,  p.  13.) 

6.  Ordinance  of  city  council  of  Galveston  passed  April  14,  1900, 
granting  to  the  United  States  its  consent  to  acquire  lands  in  the  city 
of  Galveston  and  to  fence  the  same. 

7.  Deed  from  the  Galveston  Land  &  Improvement  Co.,  dated  April 
17, 1900,  conveying  blocks  217  to  220,  inclusive;  229  to  232,  inclusive; 
241  to  244,  inclusive;  253  to  256,  inclusive;  261,  262,  271,  and  272; 
also  out  lot  253,  and  another  tract  by  metes  and  bounds,  and  certain 
streets  and  alleys,  containing  in  all  60  acres  more  or  less.    Recorded 
in  book  178,  page  210,  etc.,  of  same  records. 

.  8.  Quitclaim  deed  from  the  Galveston  City  C^o.,  dated  April  28, 
1900,  conveying  out  lots  203,  229,  253,  and  254,  and  the  streets  that 
traverse  them ;  also  the  strip  of  land  lying  between  253,  254,  and  the 
waters  of  the  Gulf  of  Mexico.  Recorded  in  book  176,  page  610,  etc., 
01  same  records. 

9.  Deed  from  D.  B  *  Henderson,  dated  October  20,  1904,  conveying 
land  bounded  on  the  north  by  Avenue  U,  on  the  east  by  Thirty-ninth 
Street,  on  the  south  by  the  Gulf  of  Mexico,  and  on  the  west  by  Forty- 
fifth  Street.    Recorded  in  book  204,  pages  224-225,  of  same  records. 

10.  Deed  from  the  city  of  Galveston,  dated  January  24,  1905,  con- 
veying all  right,  title,  and  interest  of  the  city  to  the  streets,  avenues, 
and  alleys  included  within  premises  conveyed  by  D.  B.  Henderson, 
together  with  ordinance  of  board  of  commissioners,  city  of  Galveston, 
closing  the  same.    Recorded  in  book  204,  page  321 ;  and  ordinance  in 
book  205,  page  102,  of  same  records. 

11.  Quitclaim  deed  from  the  city  of  Galveston,  dated  April  5, 
1905,  conveying  title  of  city  to  the  west  half  of  west  half  (except  lots 
12  and  13)  of  out  lot  207,  NW.  and  SW.    Recorded  in  book  204, 
page  478,  of  same  records. 

12.  Deed  from  Charles  Nolan,  dated  December  5,  1905,  conveying 
part  of  lot  8,  of  the  southeast  block  of  out  lot  183,  containing  27.5 
square  feet.    Recorded  in  book  215,  page  100,  of  same  records. 

13.  Deed  of  D.  B.  Henderson,  dated  January  30,  1906,  conveying 
part  of  out  lot  184,  containing  1.959  acres,  more  or  less.    Recorded 
in  book  215,  page  101,  of  same  records. 


392  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

14.  Deed  from  the  city  of  Galveston,  dated  April  30,  1906,  releas- 
ing interests  in  streets,  etc.,  and  closing  same.    Recorded  in  book  212, 
page  582,  of  same  records. 

15.  Release  by  city  of  Galveston,  dated  April  16, 1906,  of  judgment 
lien  on  southeast  quarter  of  out  lot  184.    Recorded  in  book  211,  page 
547,  of  same  records. 

Jurisdiction. — Deed  from  the  governor  of  Texas,  dated  September 
21,  1897,  ceding  jurisdiction  over  the  lands  acquired  under  Nos.  1-5 ; 
deed  by  the  said  governor,  dated  November  4, 1905,  ceding  jurisdiction 
over  the  lands  acquired  under  Nos.  9  and  10,  recorded  in  book  206, 
pages  540-541,  of  the  deed  records  of  Galveston  County;  and  deed 
by  said  governor,  dated  May  1,  1906,  ceding  jurisdiction  over  lands 
acquired  under  Nos.  12-15,  recorded  in  book  212,  page  584,  of  same 
records. 

See  also  "  General  acts  of  cession." 

EAGLE  PASS. 

This  reservation  is  situated  in  the  town  of  Eagle  Pass,  in  Maverick 
County,  and  contains  an  area  of  155.29  acres. 

Title. — 1.  Deed  from  William  S.  Smith,  executor,  etc.,  dated  July 
9,  1892,  conveying  62.94  acres.  Recorded  in  volume  W,  No.  2,  page 
413,  etc.,  of  the  deed  records  of  Maverick  County. 

2.  Deed  from  William  S.  Smith,  executor,  etc.,  dated  July  9,  1892, 
conveying  92.35  acres.    Recorded  in  volume  W,  No.  2,  page  415,  etc., 
of  same  records. 

3.  Decree  of  the  circuit  court  of  the  United  States  for  the  western 
district  of  Texas,  in  the  case  of  Maggie  Cassidy  et  al.  v.  William  S. 
Smith,  executor,  etc.,  Xo.  73,  confirming  and  ratifying  the  said  con- 
veyances of  said  executor,  etc.,  to  the  United  States.    Rendered  July 
2,  1893,  and  filed  with  the  record  in  said  cause  in  the  clerk's  office 
of  said  court  at  San  Antonio. 

4.  Amended  decree  of  said  court,  between  same  parties,  reaffirm- 
ing and  ratifying  said  conveyances.     Rendered  November  16,  1893, 
and  filed  with  the  record  in  said  cause  in  the  clerk's  office  of  said  court 
at  San  Antonio. 

Revocable  licenses. — July  22,  1907,  to  Department  of  Commerce 
and  Labor  for  use  of  guard  house. 

February  26,  1915,  to  the  International  Electric  Co.  to  install  and 
maintain  an  electric  lighting  system. 

Jurisdiction. — For  consent  to  purchase,  provisions  for  condemna- 
tion, and  cession  of  jurisdiction,  see  acts  of  the  State  legislature  under 
the  title  "  Fort  Bliss  (New)." 

Deed  from  the  governor  of  Texas,  ceding  jurisdiction  over  the  res- 
ervation, in  accordance  with  the  constitution  and  foregoing  cited  laws 
of  the  State  of  Texas.  Recorded  in  volume  W,  No.  2,  page  473,  etc., 
of  the  deed  records  of  Maverick  County. 

LEON  SPRINGS  TARGET  AND  MANEUVER  RANGE. 

This  reservation  is  situated  near  Leon  Springs,  about  17  miles 
northerly  from  the  city  of  San  Antonio,  in  Bexar  County,  and  con- 
tains an  area  of  about  17273.87  acres,  with  metes  and  bounds  as  an- 
nounced in  G.  O.  72,  W.  D.,  May  8,  1908. 


TEXAS.  393 

Title. — 1.  Deeds  from  Joseph  Becker  and  wife,  dated  December  5, 
1906,  and  December  16, 1907,  conveying  179.4  acres;  recorded,  respec- 
tively, in  volume  261,  page  52,  and  volume  279,  page  71,  of  the  deed 
records  of  Bexar  County. 

2.  Deed  from  Conrad  Schasse  and  wife,  dated  December  1,  1906. 
conveying  two  tracts  aggregating  4877.37  acres;  recorded  in  volume 
258,  page  152,  of  same  records. 

3.  Deed  from  Daniel  Oppenheimer  et  al.,  dated  December  1,  1906, 
conveying  certain  tracts  aggregating  11840  acres ;  recorded  in  volume 
258,  page  158,  of  same  records. 

4.  Deed  from  Hermann  Georg  and  wife,  dated  December  5,  1906, 
conveying  46.7  acres;  recorded  in  volume  261,  page  51,  of  same  rec- 
ords. 

5.  Deed  from  Marie  Scharmann,  a  feme  sole,  dated  December  3, 
1906,  conveying  230.4  acres;  recorded  in  volume  261,  page  54,  of  same 
records. 

6.  Decrees  in  condemnation,  June  24,  1907,  and  July   18,   1907 
(United  States  v.  Marie  Gerfers  et  al.,  No.  2401),  covering  100  acres; 
recorded  in  volume  265,  pages  521  and  561,  respectively,  of  same 
records. 

Easement. — Permission  granted  by  license  of  January  8,  1908,  to 
board  of  county  commissioners  of  Bexar  County  to  extend  county 
road  through  northern  part  of  reservation. 

Revocable  licenses. — July  16,  1908,  to  Eureka  Telephone  Co.  to 
operate  and  maintain  a  telephone  line. 

March  8,  1915,  to  Fritz  Scheel  to  construct  and  maintain  a  tele- 
phone line. 

Jurisdiction. — Ceded  to  the  United  States  over  the  entire  tract  by 
governor's  deed,  dated  April  1, 1908,  subject  to  the  following  proviso : 

That  this  Cession  of  Jurisdiction  is  granted  and  made  upon  the  express  con- 
dition that  the  State  of  Texas  shall  retain  concurrent  jurisdiction  with  the 
United  States  over  said  lands  and  every  portion  thereof  so  far  that  all  process, 
civil  or  criminal,  issuing  under  the  authority  of  this  State,  or  any  of  the  courts 
or  judicial  officers  thereof,  may  be  executed  by  the  proper  officers  of  this  State 
upon  any  person  amenable  to  the  same  within  the  limits  of  said  lands  in  like 
manner  and  with  like  effect  as  if  no  such  cession  had  taken  place. 


This  reservation  is  situated  on  the  Rio  Grande,  adjoining  the  city 
of  Laredo,  in  Webb  County,  and  contains  an  area  of  208  acres,  with 
metes  and  bounds  as  given  in  G.  O.  196,  W.  D.,  Sept.  21,  1907. 

Title. — Deed  from  the  city  of  Laredo,  dated  May  29,  1875,  convey- 
ing the  above  tract  of  land.  Recorded  in  book  D,  volume  5,  page  358, 
of  the  deed  records  of  Webb  County. 

Revocable  licenses. — August  17,  1881,  and  July  25,  1890,  by  the 
department  commander  to  the  International  '&  Great  Northern  and 
Mexican  National  Railroad  companies  to  construct  a  spur  track  on 
the  reservation. 

October  25,  1911,  to  Border  Gas  Co.  for  gas-supply  pipe  line. 

July  31,  1913,  to  the  Laredo  Seminary,  Laredo,  Tex.,  to  construct 
and  maintain  a  road\vay  across  the  reservation. 

Jurisdiction. — Deed  from  the  governor  of  Texas,  dated  April  15, 
1882,  ceding  jurisdiction  over  the  above  tract.  Recorded  in  volume 
65,  page  230,  of  the  deed  records  of  Webb  County. 


394  UNITED    STATES   MILITARY   RESERVATIONS,  ETC. 

MILITIA  RIFLE  RANGE. 

This  reservation  is  situated  at  Camp  Mabry,  in  Travis  County,  and 
comprises  a  tract  of  about  200  acres. 

Title. — Deed  from  Eliza  C.  J.  Deison  et  al.  (widow  and  heirs  of 
Charles  William  Deison),  dated  June  28,  1909,  conveying  to  the 
United  States  the  entire  tract.  Recorded  in  book  No.  239,  pages  82- 
84,  of  the  deed  records  of  Travis  County. 

PELICAN  SPIT. 

This  reservation  is  situated  in  Galveston  Bay,  near  the  city  of 
Galveston,  in  Galveston  County,  and,  including  the  tract  occupied 
by  the  Treasury  Department  for  a  quarantine  station,  contains  an 
area  of  about  978.63  acres. 

Title  and  jurisdiction. — 1.  Letters  patent  from  the  State  of  Texas, 
dated  May  25, 1859,  conveying  a  tract  by  metes  and  bounds.  Recorded 
in  volume  19  of  the  records  of  patents  in  the  office  of  the  commis- 
sioner of  the  general  land  office  at  Austin. 

Deed  from  the  governor  of  the  State  of  Texas,  dated  July  14, 
1859,  ceding  jurisdiction.  (See  acts  of  the  State  legislature  ap- 
proved Dec.  19,  1849,  and  Feb.  12, 1854,  under  the  title  "  General  acts 
of  cession.") 

2.  Deed  from  the  city  of  Galveston,  dated  April  29,  1907,  convey- 
ing entire  reservation,  understood  to  include  tract  conveyed  by  former 
deed.  Recorded  in  book  221,  page  416,  et  seq.,  Galveston  County. 
Conveyance  authorized  by  act  of  State  legislature,  approved  April 
18, 1907,  which  releases  the  title  of  the  State  to  the  premises  and  cedes 
jurisdiction  thereover  "subject  to  the  provisions  of  article  375  of 
the  Revised  Civil  Statutes  of  the  State  of  Texas,"  which  provides  as 
follows : 

No  such  cession  of  jurisdiction  shall  ever  be  made,  except  upon  the  express 
condition  that  the  state  of  Texas  shall  retain  concurrent  jurisdiction  with  the 
United  States  over  the  lands  so  ceded,  and  every  portion  thereof,  so  far,  that  all 
process,  civil  or  criminal,  issuing  under  the  authority  of  this  state,  or  any  of  the 
courts  or  judicial  officers  thereof,  may  be  executed  by  the  proper  officers  of  this 
state,  upon  any  person  amenable  to  the  same,  within  the  limits  of  the  land  so 
ceded,  in  like  manner  and  with  liqe  effect  as  if  no  such  cession  had  taken  place ; 
and  such  condition  shall  be  always  inserted  in  any  instrument  of  cession  under 
the  provisions  of  this  title. 

On  February  16,  1910,  and  November  23,  1915,  under  authority  of 
act  approved  June  19.  1906  (35  Stat.,  299),  tracts  within  the  reser- 
vation, aggregating  approximately  30  acres,  were  transferred  to  the 
Treasury  Department  for  a  quarantine  station. 

Revocable  licenses. — April  14,  1909,  to  Treasury  Department  to 
occupy  site  on  reservation  upon  which  to  rebuild  life-saving  station. 

June  24,  1912,  to  Treasury  Department  to  lay  4-inch  water  main 
across  reservation  to  quarantine  station  from  life-saving  station. 

FORT  SAM  HOUSTON. 

This  reservation  is  situated  in  and  near  the  city  of  San  Antonio, 
in  Bexar  County,  and  contains  an  area  of  about  1,245.11  acres,  in- 
cluding the  drill  and  camping  site  mentioned  in  No.  17,  infra.  With 


TEXAS.  395 

the  exception  of  the  addition  thereto  acquired  in  1913  (No.  22,  infra) , 
metes  and  bounds  are  as  given  in  G.  O.  11,  W.  D.,  Jan.  22, 1909. 

Title. — 1.  Deed  of  donation  from  the  city  of  San  Antonio,  dated 
May  6,  1870,  conveying  about  40  acres  of  land.  Eecorded  in  book  V, 
No.  1,  page  433,  etc.,  of  the  deed  records  of  Bexar  County. 

2.  Deed  of  donation  from  the  city  of  San  Antonio,  dated  August 
11,  1871,  conveying  43  acres  of  land.    Eecorded  in  book  W,  No.  1, 
page  324,  etc.,  of  same  records. 

3.  Deed  of  donation  from  the  city  of  San  Antonio,  dated  June  16, 
1875,  conveying  9.07  acres  of  land.    Recorded  in  volume  2,  page  467, 
etc.,  of  same  records. 

4.  Deed  of  donation  from  the  city  of  San  Antonio,  dated  June  30, 
1878,  conveying  by  metes  and  bounds,  according  to  a  resurvey  made 
by  the  United  States  Government,  the  lands  described  in  the  fore- 
going deeds  of  donation  marked  Nos.  1,  2,  and  3,  supra,  aggregating 
92.79  acres.     Recorded  in  volume  No.  11,  page  150,  etc.,  of  same 
records. 

5.  Deed  from  William  W.  Dykman,  dated  September  11,  1882, 
conveying  about  0.17  acre.    Recorded  in  volume  27,  page  370,  etc.,  of 
same  records. 

6.  Deed  from  E.  H.  Cunningham  and  wife,  dated  September  25, 
1882,  conveying  about  42  acres  of  land.    Recorded  in  volume  27,  page 
371,  etc.,  of  same  records. 

7.  Deed  from  William  Trout  and  wife,  dated  October  10,  1882, 
conveying  about  1  acre.    Recorded  in  volume  27,  page  366,  etc.,  of 
same  records. 

8.  Deed  from  Christian  Mueller  and  wife,  dated  October  11,  1882, 
conveying  about  0.17  acre.    Recorded  in  volume  27,  page  368,  etc.,  of 
same  records. 

9.  Deed  from  Jennie  L.  Smith  and  husband,  dated  October  11, 
1882,  conveying  about  0.17  acre.    Recorded  in  volume  27,  page  364, 
etc.,  of  same  records. 

10.  Deed  from  John  McMahon,  dated  November  13,  1882,  convey- 
ing about  0.21  acre.    Recorded  in  volume  27,  page  367,  etc.,  of  same 
records. 

11.  Deed  from  James  H.  Bigger,  dated  November  2, 1882,  releasing 
claim  pursuant  to  decree  of  Probate  Court  of  Bexar  County  to  lands 
covered  by  deeds  5  to  10,  supra.    Recorded  in  volume  25,  pages  172- 
175,  of  same  records. 

12.  Deed  from  Edward  Braden  and  wife,  dated  December  2,  1882, 
conveying  about  4.88  acres. 

13.  Deed  from  John  Moreau  and  wife,  dated  November  2,  1882, 
conveying  about  0.18  acre. 

14.  Deed  from  E.  H.  Cunningham  and  wife,  dated  December  5, 

1882,  conveying  about  1.78  acres. 

15.  Deed  from  H.  B.  Adams  and  E.  D.  L.  Wickes,  dated  December 
8,  1882,  conveying  about  1.024  acres. 

16.  Decree  of  condemnation  in  cause  No.  1183,  The  United  States 
of  America  v.  Unknown  Owners  of  19.29  acres  of  land  (including 
lands  conveyed  by  above  deeds  Nos.  12  to  15  inter  alia),  in  the  dis- 
trict court  of  Bexar  County.     Rendered  and  made  final  May  25, 

1883,  and  filed  with  the  record  in  the  cause  in  the  clerk's  office  of  said 
court.    Recorded  in  volume  27,  page  579,  etc.,  of  same  records. 


396  UNITED    STATES    MILITAKY    RESERVATIONS,  ETC. 

17.  Deed  from  Caroline  Kampmann,  dated  August  26,  1886,  con- 
veying 310  acres.     Recorded  in  volume  53,  page  544,  etc..  of  same 
records.     (This  tract  is  about  3  miles  north  of  the  post  proper.) 

18.  Deed  from  Charles  John  Cunningham,  dated  August  7,  1903, 
conveying  40.08  acres.     Recorded  in  book  223,  page  143,  of  same 
records. 

19.  Deed  from  Ed.  H.  Cunningham  and  wife,  dated  August  31, 
1903,  conveying  49.23  acres,  more  or  less.     Recorded  in  book  223, 
page  144,  of  same  records. 

20.  Deed  from  Dan  Sullivan,  dated  October  27,  1903,  conveying 
19.81  acres.    Recorded  in  book  223,  page  142,  of  same  records. 

21.  Eighty-four  deeds  and  five  decrees  in  condemnation  covering 
the  acquisition  of  361.862  acres — the  names  of  the  grantors  or  owners, 
the  date  of  each  deed  or  decree,  and  the  place  of  record  of  the  same 
being  as  follows : 

DEEDS. 

1.  Max  Ulrich;  August  8, 1906;  book  261,  page  56. 

2.  J.  T.  Hambleton,  admr.;  August  11,  1906;  book  258,  page  276. 

3.  D.  A.  Nease  et  ux. ;  August  2,  1906 ;  book  261,  page  53. 

4.  Julia  E.  Toohey;  August  14,  1906;  book  261,  page  180. 

5.  Adelia  C.  Cresson ;  July  30,  1906 ;  book  256,  page  277. 

6.  Geo.  A.  Drew  et  ux. ;  September  11,  1906 ;  book  261,  page  85. 

7.  Frank  R.  Newton ;  July  30,  1906 ;  book  256,  page  287. 

8.  Robert  W.  Mehegan;  August  6,  1906;  book  256,  page  279. 

9.  L.  I.  Cooke;  July  25, 1906;  book  256,  page  309. 

10.  Theo.  Buhler;  June  29, 1906;  book  261,  page  30. 

11.  E.  Blum;  July  30,  1906;  book  256,  page  276. 

12.  Mary  M.  Lane;  July  21, 1906;  book  256,  page  290. 

13.  Adelia  C.  Cresson ;  August  21,  1906 ;  book  256,  page  278. 

14.  J.  V.  Fourmy;  August  15,  1906;  book  261,  page  77. 

15.  Imogene  T.  Hambleton;  August  7,  1906;  book  261,  page  6. 

16.  J.  D.  Guinn ;  August  7, 1906 ;  book  261,  page  7. 

17.  George  W.  Brackenridge ;  July  27,  1906;  book  261,  page  17. 

18.  W.  A.  Chapman  et  ux.;  August  3,  1906;  book  256,  page  306. 

19.  John  T.  Harrison  et  ux.;  July  30.  1906;  book  261,  page  35. 

20.  R.  H.  Major  et  ux. ;  July  30,  1906 ;  book  261,  page  29. 

21.  J.  M.  Krakauer  et  al.;  July  30,  1906;  book  261 J  page  57. 

22.  Chas.  Tessmann  et  ux.;  July  30, 1906;  book  201,  page  36. 

23.  Frank  Zizik;  August  15, 1906;  book  261.  page  i. 

24.  Samuel  Dalkowitz;  August  2,  1906;  book  256,  pa£je  307. 

25.  John  McHugo,  sr.;  July  30,  1906;  book  261,  page  84. 

26.  Ida  Elbers  Haueisen  et  al. ;  July  21,  1906 ;  book  258,  page  144. 

27.  Pablo  Cruz;  July  30, 1906;  book  261,  page  31. 

28.  Frederick  W.  Bender;  July  30,  1906;  book  261,  page  42. 

29.  Henry  Dietrick;  July  30,  1906:  book  256,. page  319. 

30.  F.  M.  Giraud;  August  15,  1906;  book  261,  page  34. 

31.  Eloise  Polk  McGill;  August  15, 1906;  book  261,  page  44. 

32.  George  D.  Allardyce  et  ux. ;  August  7, 1906 ;  book  258,  page  274. 

33.  B.  E.  Taylor  et  al.;  August  3,  1906;  book  26J,  page  260. 

34.  Edward  Charles  Buck;  May  14,  1907;  book  265,  page  573. 

35.  John  Washington  et  ux. ;  July  30,  1906 ;  book  261,  page  50. 

36.  Mary  J.  Schmidt :  July  20,  1906 ;  book  261,  page  45. 

37.  Amanda  J.  Dignowitz;  August  16,  1906;  book  256,  page  289. 


TEXAS.  897 

38.  Frank  Grice;  July  27, 1906;  book  261,  page  23. 

39.  A.  B.  Frank;  July  28,  1906;  book  261,  page  47. 

40.  Abraham  Mathews  et  ux.;  July  30,  1906;  book  261,  page  2. 

41.  J.  V.  Fourmy  et  al.;  August  15,  1906;  book  261,  page  78. 

42.  C.  F.  Kleine;  July  30,  1906;  book  261,  page  25. 

43.  John  C.  Williams;  August  1,  1906;  book  261,  page  4. 

44.  John  K.  Shook;  July  30,  1906;  book  261,  page  12. 

45.  W.  H.  Ford;  July  30,  1906;  book  261,  page  14. 

46.  Philipp  Weilbacher  et  ux.;  July  30,  1906;  book  261,  page  21. 

47.  Santiago  Garcia  et  ux. ;  August  1,  1906 ;  book  261,  page  33. 

48.  Andrew  Irvin  et  ux. ;  July  30,  1906 ;  book  261,  page  8. 

49.  Christian  Schaezler  et  ux.;  July  30,  1906;  book  261,  page  16. 

50.  Werner  Wilkens;  June  9,  1906;  book  261,  page  10. 

51.  Society  of  Mary;  August  9, 1906;  book  261,  page  79. 

52.  David  S.  Stanley;  August  29,  1906;  book  261,  page  39. 

53.  Wm.  B.  Kendall  et  ux. ;  July  31,  1906 ;  book  261,  page  15. 

54.  Vinton  L.  James;  August  1,  1906;  book  261,  page  41. 

55.  Sidney  James;  August  7,  1906;  book  261,  page  37. 

56.  H.  M.  Donoho  et  al. ;  July  30,  1906 ;  book  256,  page  308. 

57.  Paul  Meerscheidt  et  al. ;  August  7,  1906 ;  book  261,  page  13. 

58.  Herman  Weiss,  sr.,  et  ux.;  July  30,  1906;  book  261,  page  55. 

59.  George  Oswalt  et  ux.;  July  30',  1906;  book  261,  page  48. 

60.  Wm.  A.  Miller;  August  2/1906;  book  261,  page  27. 

61.  Martin  Stahl  et  ux. ;  August  6,  1906 ;  book  261,  page  49. 

62.  Edward  Suche  et  ux.;  July  30,  1906;  book  261,  page  11. 

63.  Ferdinand  Binz  et  ux. ;  July  30,  1906 ;  book  256,  page  317. 

64.  Commonwealth  Land  &  Improvement  Co.;  August  8,  1906; 
book  256,  page  318. 

65.  W.  B.  Eussell  et  ux. ;  July  30,  1906 ;  book  261,  page  9. 

66.  Henry  W.  Stolte ;  July  30,  1906 ;  book  261,  page  46. 

67.  L.  Strom;  July  27,  1906;  book  261,  page  181. 

68.  Eligio  Medina;  August  1,  1906;  book  261,  page  20. 

69.  John  A.  Eeus  et  ux. ;  August  6, 1906 ;  book  261,  page  22. 

70.  Edward  Dreiss  et  al.;  July  30,  1906;  book  261,  page  24. 

71.  Semp  Russ;  December  12,  1906;  book  256,  page  288. 

72.  Fredericka  Zwally ;  August  11.  1906;  book  261,  page  40. 

73.  J.  H.  Mayfield;  August  23, 1906;  book  261,  page  58. 

74.  Theo.  Kash  et  ux. ;  July  31,  1906;  book  261,  page  3. 

75.  Lafayette  Haywood  et  ux.;  July  30,  1906;  book  261,  page  26. 

76.  City  of  San  Antonio;  November  26,  1906;  book  259,  pa^e  31. 

77.  John  H.  James  et  al. ;  August  — ,  1906 ;  book  259,  page  27. 

78.  Lone  Star  Brewing  Co. ;  August  6,  1906 ;  book  261,  page  32. 

79.  Frank  F.  Moeller,  sr.,  et  ux.;  July  30,  1906;  book  261,  page  38. 

80.  Fred  Schnell  et  ux. ;  July  30,  1906 ;  book  261,  page  5. 

81.  Geo.  W.  Brackenridge ;  October  3,  1906 ;  book  261,  page  19. 

82.  Geo.  W.  Brackenridge;  September  18,  1906;  book  261;  page  18. 

83.  Sam  Maverick;  October  11,  1906;  book  259,  page  25. 

84.  The  Washington  Heights  Improvement  Co.;  June  19,  1907; 
book  265,  page  480.   . 

DECREES  IN  CONDEMNATION. 

1.  Against  Charles  and  Louise  Klaus;  August  20,  1906;  county 
court  of  Bexar  County,  Tex. ;  volume  265,  page  407. 


398  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

2.  Against  Otto  E.  Reinhard;  September  11,  1906;  county  court  of 
Bexar  County,  Tex. ;  volume  259,  page  26. 

3.  Against  J.  C.  Hovel;  August  18,  1906:  county  court  of  Bexar 
County,  Tex. ;  volume  265,  page  408. 

4.  Against  Jacob  Klaus  et  al. ;  February  8,  1907;  county  court  of 
Bexar  County,Tex. ;  volume  265,  page  404. 

5.  Against  M.  H.  Harrington ;  November  8,  1907 ;  county  court  of 
Bexar  County,  Tex. ;  volume  274,  page  578. 

22.  Deed  dated  March  21,  1913,  from  George  W.  Brackenridge, 
conveying  3Q7.37  acres.  Recorded  in  book  422,  pages  485  and  486,  of 
same  records. 

(By  an  act  of  Congress,  approved  Jan.  29,  1887  (24  Stat,  372), 
a  strip  of  land  known  as  Pine  Street  was  released  to  the  city  of  San 
Antonio.) 

Paragraph  35  of  section  1  of  article  3  of  an  act  of  the  State  legis- 
lature entitled  "An  act  to  incorporate  the  city  of  Antonio,"  approved 
June  17,  1856,  authorizes  and  empowers  the  city  to  sell  any  of  its 
property,  real  or  personal,  lying  within  or  beyond  the  limits  of  the 
city. 

Revocable  licenses. — February  27,  1897,  to  the  Southwestern  Tele- 
graph &  Telephone  Co.  to  place  four  1-inch  iron  guy  rods  on  the 
reservation. 

August  1, 1905,  to  George  W.  Brackenridge  and  others  to  erect  and 
maintain  buildings  on  the  reservation  "for  the  promotion  of  ^the 
social,  physical,  intellectual,  and  moral  welfare  of  the  garrison." 

January  28,  1907,  February  26,  1907,  and  May  28,  1908,  to  the 
Southwestern  Telegraph  &  Telephone  Co.  for  telephone  line. 

Jurisdiction. — For  consent  to  purchase,  condemnation  proceedings, 
and  cession  of  jurisdiction,  see  acts  of  the  State  legislature,  under  the 
title  "  General  acts  of  cession." 

Under  the  acts  above  cited  the  following  deeds  were  executed : 

1.  Deed  from  the  governor  of  Texas,  dated  June  23,  1870,  ceding 
jurisdiction  over  40  acres,  more  or  less,  in  accordance  with  the  con- 
stitution and  the  foregoing  cited  laws  of  the  State  of  Texas. 

2.  Deed  from  same,  dated  June  4,  1883,  ceding  jurisdiction  over 
after-acquired  lands,  in  accordance  with  the  constitution  and  laws  of 
Texas.     Recorded  in  volume  27,  page  310,  etc.,  of  same  records. 

3.  Deed  from  same,  dated  August  17, 1883,  ceding  jurisdiction  over 
after-acquired  lands,  in  accordance  with  the  constitution  and  laws  of 
Texas.     Recorded  in  volume  31,  page  143,  etc.,  of  same  records. 

4.  Deed  from  same,  dated  April  19,  1887,  ceding  jurisdiction  over 
310  acres,  in  accordance  with  the  constitution  and  laws  of  Texas. 
Recorded  in  volume  54,  pages  54  and  55,  of  same  records. 

5.  Deed  from  same,  dated  January  26,  1904,  ceding  jurisdiction 
over  109.12  acres,  in  accordance  with  the  constitution  and  laws  of 
Texas.    Recorded  in  executive  record,  volume  293,  page  618,  etc. 

6.  Deeds  from  same,  dated  June  29,  1907,  October  29,  1907,  and 
January  2,  1908,  ceding  jurisdiction  over  the  entire  tract  of  361.862 
acres    (see  No.  21,  supra),  except  "Maverick  Park  tract"    (area, 
2.812  acres).    Recorded,  respectively,  in  volume  265,  pages  519-520, 
volume  273,  pages  450-453,  and  volume  279,  pages  96-97,  of  deed 
records  of  Bexar  County. 


TEXAS.  399 

7.  Deed  from  same,  dated  August  22, 1913,  ceding  jurisdiction  over 
307.37  acres.  (See  No.  22,  supra.)  Recorded  in  volume  424,  pages 
194-195,  of  same  records. 

SAN  ANTONIO  ARSENAL. 

This  reservation  is  situated  in  the  city  of  San  Antonio,  in  Bexar 
County,  and  contains  about  19.65  acres. 

Title. — 1.  Deed  from  Gregory  P.  Divine,  dated  March  8,  1859, 
conveying  8.17  acres  of  land.  Recorded  in  book  R,  No.  1,  page  198, 
etc.,  of  the  deed  records  of  Bexar  County. 

2.  Deed  from  P.  H.  Bell  and  wife,  dated  May  2,  1859,  conveying 
7.75  acres  of  land.     Recorded  in  book  R,  No.  1,  page  197,  etc.,  of 
same  records. 

3.  Deed  from  Adele  R.  T.  Beauregard  et  al.,  dated  July  11,  1881, 
conveying  about  3.73  acres  by  metes  and  bounds.     Recorded  in  vol- 
ume 20,  page  188,  etc.,  of  same  records. 

Revocable  license. — May  7,  1895,  to  the  city  of  San  Antonio  to 
construct  and  maintain  a  sewe.r. 

Jurisdiction. — See  act  of  the  State  legislature  approved  December 
19,  1849,  and  act  amendatory  thereof,  approved  February  13,  1854, 
under  the  title  "  General  acts  of  cession." 

Deed  from  governor  of  Texas  ceded  jurisdiction  over  tracts  1  and 
2,  supra,  in  accordance  with  the  constitution  and  foregoing  cited  laws 
of  the  State  of  Texas.  Deed  dated  September  22,  1859. 

SAN  ANTONIO  NATIONAL  CEMETERY. 

This  reservation  is  situated  at  San  Antonio,  in  Bexar  County,  and 
contains  an  area  of  about  3.63  acres. 

Title. — 1.  Deed  from  the  city  of  San  Antonio,  dated  November  15, 
1867,  conveying  1.09  acres  of  land. 

2.  Deed  from  the  city  of  San  Antonio,  dated  April  14,  1871,  con- 
veying 1.89  acres  of  land  in  lieu  of  deed  marked  No.  1,  supra,  and 
unrecorded.     Recorded  in  book  W  1,  page  155,  of  the  deed  records 
of  Bexar  County.     Duplicate  deed  authorized  at  a  regular  meeting 
of  the  city  council,  April  11,  1871.  and  recorded  in  book  C,  page  17, 
of  the  minutes  of  said  council. 

3.  Deed  from  the  city  of  San  Antonio,  dated  April  10,  1884,  con- 
veying about  1.75  acres  of  land.     Recorded  in  volume  33,  page  442, 
of  the  deed  records  of  Bexar  County.     Sale  authorized  at  a  regular 
meeting  of  the  city  council,  February  19,  1884,  and  recorded  in  the 
minutes  of  said  council  in  the  city  clerk's  office. 

Paragraph  35  of  section  1  of  article  3  of  an  act  of  the  State  legis- 
lature entitled  uAn  act  to  incorporate  the  city  of  San  Antonio." 
approved  June  17, 1856,  authorizes  and  empowers  the  city  to  sell  any 
of  its  property,  real  or  personal,  lying  within  or  beyond  the  limits 
of  the  city. 

Jurisdiction. — See  acts  of  the  State  legislature,  under  the  title 
"  General  acts  of  cession " ;  and  deed  from  the  governor  of  Texas 
ceding  jurisdiction  over  the  lands  described  in  deed  marked  No.  3, 
supra,  in  accordance  with  the  constitution  and  the  foregoing  cited 
laws  of  the  Sfcite  of  Texas.  Recorded  in  volume  38,  page  278,  etc., 
of  the  deed  records  of  Bexar  County. 

12925°— 16 26 


400  UNITED   STATES   MILITAKY   RESERVATIONS,  ETC. 

FORT  SAN   JACINTO. 

This  reservation  is  situated  on  the  east  end  of  Galveston  Island,  in 
Galveston  County,  and  contains  an  area  of  658  acres. 

Title. — 1.  Reserved  for  public  purposes  by  an  act  of  the  Republic  of 
Texas,  dated  December  9, 1836,  and  under  the  joint  resolution  of  Con- 
gress passed  March  1,  1845  (articles  of  annexation),  ceded  to  the 
United  States. 

2.  Deed  from  the  Galveston  City  Co.,  dated  March  IT,  1898.  con- 
veying a  portion  of  the  east  end  of  Galveston  Island ;  accepted  on  the 
opinion  of  the  Attorney  General  that  such  action  would  not  estop  the 
United  States  from  asserting  title  adversely  to  all  the  world,  includ- 
ing the  grantor.    Recorded  in  book  245,  pages  187-188,  of  the  deed 
records  of  Galveston  County. 

3.  Patent  from  the  governor,  dated  June  28,  1912,  under  act  of  the 
legislature  approved  March  16,  1911,  conveying  an  area  of  658  acres, 
including  the  reservation  and  certain  tide  and  submerged  areas  con- 
tiguous thereto.     Recorded  in  book  257,  pages  376-377,  of  same 
records. 

The  following  act  empowered  the  governor  to  cede  the  reservation : 

SECTION  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas:  That  the 
Governor  thereof  be,  and  hereby  is,  authorized  and  fully  empowered  to  cede, 
transfer  and  deliver  over  to  the  United  States  or  any  agent  or  agents  by  them 
appointed,  by  such  instrument  in  writing,  or  other  means  as  he  may  deem 
proper  and  necessary,  all  the  public  edifices,  fortifications,  barracks,  ports  and 
harbors,  navy  and  navy-yards,  docks,  magazines,  arms  and  armaments,  and  all 
other  property  and  means  pertaining  to  the  public  defence,  belonging  to  the 
Republic,  now  the  State,  of  Texas.  (Approved  Mar.  25,  1846.) 

Revocable  license. — March  27,  1905,  to  Navy  Department  for  wire- 
less telegraph  station. 

Jurisdiction. — See  "  General  acts  of  cession." 

FORT  TRAVIS. 

This  reservation  is  situated  at  Boliver  Point,  in  the  city  of  Galves- 
ton, and  contains  96.2  acres. 

Title. — 1.  Deed  from  Charles  C.  Adams  and  Martha  J.  Adams, 
dated  February  21,  1898,  conveying  blocks  124,  125,  148,  149, 150, 172, 
173, 174, 175, 197,  198, 199, 200, 222, 223, 224, 225, 247, 248, 249, 250, 272A, 
273,  274,  275 ;  portions  of  water  lots  162  and  163,  and  water  lots  164  to 
185,  inclusive.  Recorded  in  book  155,  page  205,  etc.,  of  the  deed  rec- 
ords of  Galveston  County. 

2.  Deed  from  the  commissioner's  court,  county  of  Galveston,  dated 
February  28,  1898,  conveying  the  right  to  close  to  the  public  use  all 
streets,  alleys,  lots,  and  highways  in  the  above  tract.  Recorded  in 
book  155,  page  231,  etc.,  of  same  records. 

Jurisdiction. — Deed  from  the  governor  of  Texas,  dated  June  8, 
1898,  ceding  jurisdiction  over  above  tract. 

See  also  "  General  acts  of  cession." 

UTAH. 

GENERAL  ACT  OF  CESSION. 

SECTION  1.  Jurisdiction  is  hereby  ceded  to  the  United  States  in,  to  and  over 
any  and  all  lands  or  territory  within  this  State  which  has  been  or  may  be  here- 
after acquired  by  the  United  States  for  the  purpose  of  sites  for  public  buildings, 
of  every  kind  whatever,  authorized  by  act  of  Congress;  the  State,  however, 


TEXAS.  401 

reserving  the  authority  to  execute  its  process,  both  criminal  and  civil,  within 
such  territory. 

SEC.  2.  The  Governor  is  hereby  authorized  and  empowered  to  execute  all  proper 
conveyances  in  the  cession  herein  granted  upon  request  of  the  said  United 
States,  or  proper  officers  thereof,  whenever  any  land  shall  have  been  acquired 
for  such  purpose. 

SEC.  3.  This  act  shall  take  effect  upon  approval.  (Approved  Feb.  20,  1903. 
Laws  of  Utah,  1903,  p.  9,  ch.  14.) 

FORT  CRITTENDEN  MILITARY  CEMETERY. 

This  reservation  is  situated  near  Fairfield,  in  Utah  County,  and 
comprises  the  NW.  J  of  SW.  J  of  sec.  32,  T.  6  S.,  R.  2  W.,  S.  L.  M., 
containing  40  acres  upon  which  the  post  cemetery  of  old  Camp  Floyd, 
subsequently  Fort  Crittenden,  is  located. 

Title.— Patent  from  the  governor  of  Utah,  dated  October  4,  1905, 
granting  and  confirming  unto  the  United  States  the  above-described 
tract. 

FORT  DOUGLAS. 

This  reservation  is  situated  adjacent  to  Salt  Lake  City,  in  Salt 
Lake  County,  and  contains  an  area  of  about  9,995  acres. 

Title. — 1.  Executive  order  of  September  3,  1867,  reserving  an  area 
of  4  square  miles  from  the  public  domain  for  military  purposes.  The 
original  reservation,  as  thus  made,  has  been  reduced  to  about  2,180 
acres,  under  the  following  acts  of  Congress : 

A.  Act  of  May  16,  1874  (18  Stat,  46),  granting  20  acres  to  Salt 
Lake  City  for  cemetery  purposes. 

B.  Act  of  January  21,  1885  (23  Stat.,  284),  restoring  151.81  acres, 
claimed  by  Charles  Popper,  to  the  public  domain. 

C.  Act  of  July  23, 1894  (28  Stat.,  117),  granting  a  tract  of  60  acres 
for  a  site  and  campus  for  the  University  of  Utah. 

D.  Act  of  May  16, 1906  (34  Stat.,  195),  making  an  additional  grant 
of  32  acres  to  the  University  of  Utah,  reserving  the  perpetual  right 
for  existing  sewer  or  a  "  new  sewer  system  "  across  the  premises. 

E.  Act  of  June  29, 1906  (34  Stat.,  612),  authorizing  conveyance,  in 
exchange  for  other  lands  and  easements,  and  subject  to  certain  res- 
ervations, to  Le  Grand  Young  of  42.3  acres,  lying  between  the  uni- 
versity lands  and  Popperton  Place;  and  of  right  of  way,  100  feet 
wide,  containing  about  24  acres,  along  the  south  side  of  reservation. 
Conveyance  made  by  deed  of  the  Secretary  of  War,  dated  October 
8,  1906. 

F.  Act  of  January  23,  1909  (35  Stat.,  589),  authorizing  the  con- 
veyance to  the  Mount  Olivet  Cemetery  Association  of  about  50  acres 
at  the  southwest  corner  of  the  reservation  for  cemetery  purposes  in 
exchange  for  tract  of  150.92  acres  elsewhere  (see  No.  7  post).    Con- 
veyance made  by  Secretary  of  War  by  deed  dated  February  10,  1909. 

The  metes  and  bounds  of  the  original  reservation,  excluding  tracts 
A  to  E,  ante,  but  including  tract  F,  ante,  are  given  in  G.  O.  120, 
W.  D.,  June  3, 1907. 

2.  Deed  from  Le  Grand  Young,  trustee,  etc.,  dated  April  23,  1888, 
conveying  about  1,905  acres  therein  described,  to  protect  and  pre- 
serve the  water  supply  of  Fort  Douglas.  Recorded  in  book  2  N, 
page  343,  etc.,  of  the  deed  records  of  Salt  Lake  County.  The  fore- 
going tract  was  purchased  under  authority  of  an  act 'of  Congress, 


402  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

approved  March  3,  1887  (24  Stat,  477)  ;  and  by  the  same  act  about 
1,920  acres  pf  other  lands  were  reserved  for  the  same  purpose,  mak- 
ing the  addition  by  that  act  3,825  acres. 

3.  Executive  orcler  of  March  13,  1890  (G.  O.  39,  A.  G.  O.,  Apr.  2, 
1890),  enlarging  the  reservation  by  the  addition  thereto  from  the 
public  domain  of  2,520  acres. 

4.  Executive  order  of  June  8,  1896  (G.  O.  26,  A.  G.  O.,  June  27, 
1896),  further  enlarging  the  reservation  by  the  addition  thereto  from 
the  public  domain  of  about  209  acres. 

5.  A  tract  of  land,  being  the  E.  J  of  NW.  J,  and  the  N.  J  of  SW.  J 
of  sec.  24,  T.  1  N.,  R.  1  E.,  of  Salt  Lake  meridian,  aggregating  160 
acres,  was  acquired  by  the  following  conveyances,  for  the  purpose  of 
protecting  the  water  supply.     (This  tract  of  land  is  included  in  those 
reserved  by  act  of  Congress  of  Mar.  3, 1887,  ante). 

a.  Deed  from  Peter  Van  Houten  and  wife,  dated  January  8,  1904, 
conveying  80  acres.     Recorded  in  book  6  W,  page  222,  of  same 
records. 

b.  Deed  from  James  Doull,  dated  March  14,  1904,  conveying  80 
acres.     Recorded  in  book  6  W,  page  222,  of  same  records. 

6.  Deed  from  Le  Grand  Young  and  wife,  dated  July  14,  1906,  con- 
veying about  750  acres  and  releasing  easements  reserved  by  deed  of 
April  23,  1888,  and  also  those  granted  to  him  by  act  of  March  3, 1887 
(No.  2  ante).     Recorded  in  book  7  P,  page  134,  of  same  records. 

7.  Deed  from  L.  H.  and  J.  A.  Young,  dated  January  16,  1909,  con- 
veying to  the  United  States  150.92  acres  (consideration  paid  by  the 
Mount  Olivet  Cemetery  Association).     Recorded  in  book  7  L,  page 
599,  of  same  records. 

8.  Deed  from  Miss  Hilda  Fosness,  dated  May  26,  1909,  conveying 
360  acres.     Recorded  in  book  5  U,  pages  377  and  378,  of  same 
records. 

Easements. — "  Perpetual  easement  and  right  of  way  "  granted  by 
act  of  May  29,  1908  (35  Stat.,  472),  to  Salt  Lake  City  for  conduit 
pipe  line  as  constructed  through  the  reservation. 

Permission,  September  2,  1914.  under  authority  of  act  of  February 
15,  1901  (31  Stat.,  790),  granted  by  the  Secretary  of  the  Interior  to 
Salt  Lake  City  to  locate  a  distributing  reservoir  upon  the  reservation. 

Permission,  September  14,  1914,  under  authority  of  act  of  Febru- 
ary 15,  1901  (31  Stat.,  790),'  granted  by  the  Secretary  of  the  Interior 
to  the  Mount  Olivet  Cemetery  Association  to  locate  a  reservoir  and 
ditch  upon  the  reservation. 

Revocable  licenses. — September  10,  1890,  to  the  Salt  Lake  City 
Railroad  Co.  for  an  electric  railway. 

February  28,  1893,  to  the  Popperton  Place  &  Fort  Douglas  Rapid 
Transit  Co.,  for  an  electric  railway. 

September  25,  1905,  to  the  Western  Union  Telegraph  Co.,  for  tele- 
graph line. 

January  6,  1906,  to  the  University  of  Utah,  for  an  18-inch  water 
main. 

April  14,  1906,  to  the  Postal  Telegraph  Cable  Co.,  for  telegraph 
Kne. 

April  7,  1907,  to  the  Utrth  Light  &  Railway  Co.,  successor  to  the 
Salt  Lake  City  Railroad  Co.  and  to  the  Popperton  Place  &  Fort 
Douglas  Rapid  Transit  Co.,  to  reconstruct  and  relocate  its  railway 
lines  on  the  reservation. 


TEXAS.  403 

May  13,  1907,  to  the  Crystal  Lime  &  Cement  Co.,  to  use  the  Dry 
Canyon  Koad  for  traffic  purposes. 

December  14,  1907,  to  the  Langton  Lime  &  Cement  Co.,  to  use  the 
existing  road  across  the  northwest  corner  of  the  reservation. 

May  6,  1911,  to  the  State  of  Utah,  by  its  organized  militia,  to  oc- 
cupy and  use  that  portion  of  the  reservation  known  as  the  Old 
Target  Range. 

January  12,  1914,  to  the  Mountain  States  Telephone  &  Telegraph 
Co.,  for  telephone  lines. 

Jurisdiction. — See  "  General  act  of  cession,"  and  deed  under  au- 
thority of  same,  from  the  governor  of  the  State,  dated  February  24, 
1904,  ceding  jurisdiction  over  the  reservation,  as  it  then  existed,  con- 
taining 9,190  acres;  also  act  of  State  legislature,  approved  March  9, 
1911  (Laws  of  Utah,  1911,  p.  58),  which  provides  as  follows: 

That  jurisdiction  be,  and  the  same  is  hereby,  ceded  to  the  United  States  in 
and  over  all  lands  comprise:!  within  the  limits  of  the  military  reservations  of 
Fort  Douglas  and  Fort  Duchesne,  in  the  State  of  Utah,  to  continue  so  long  as 
the  United  States  shall  hold  and  own  the  same  for  military  purposes  or  in  con- 
nection therewith  and  no  longer,  saving,  however,  to  the  said  State  the  right 
to  serve  all  civil  process  and  such  criminal  process  as  may  lawfully  issue  under 
the  authority  of  this  State  against  persons  charged  with  crimes  against  the 
laws  of  the  State,  committed  within  or  without  said  reservations. 

FORT  DUCHESNE. 

This  reservation  is  situated  in  Uintah  County,  within  the  limits  of 
the  Uintah  Indian  Reservation,  in  T.  2  S.,  R.  1  E..  and  comprises  the 
SW.  }  of  SW.  J  of  Sec.  23,  containing  40  acres ;  the  S.  J  of  NW.  J-  of 
SW.  i  of  Sec.  23,  containing  20  acres;  the  SW.  J  of  NE.  J  of  SW.  \  of 
Sec.  23,  containing  10  acres;  the  W.  \  of  SE.  J  of  SW.  J  of  Sec.  23, 
containing  20  acres;  the  NW.  J  of  NW.  J  of  Sec.  26,  containing  40 
acres;  and  the  W.  \  of  NE.  J  of  NW.  J  of  Sec.  26,  containing  20 
acres;  total  area,  150  acres. 

Title.— Executive  order  of  September  1,  1887  (G.  O.  59,  A.  G.  O., 
Sept.  3,  1887),  setting  aside  for  a  military  reservation  for  the  post  of 
Fort  Duchesne  an  area  of  6  square  miles,  or  3,840  acres,  embraced 
within  the  limits  of  the  Uintah  Indian  Reservation,  created  by  Execu- 
tive order  dated  October  3,  1861,  and  act  of  Congress  approved  May 
5, 1864.  Modified  by  Executive  order  of  August  19,  1912  (No.  1579), 
withdrawing  from  reservation  for  military  purposes,  and  placing 
under  the  control  of  the  Secretary  of  the  Interior,  the  entire  tract, 
with  the  exception  of  the  150  acres  above  described,  which  were  re- 
tained in  reservation  for  military  purposes. 

Revocable  licenses. — November  27, 1905,  to  the  Uintah  Railway  Co., 
to  occupy  for  office  for  "  stage,  telegraph,  and  telephone  line,"  such 
portion  of  the  post  trader's  building  as  may  be  designated  by  the  post 
commander. 

April  3, 1906,  to  the  Vernal  &  Fort  Duchesne  Telephone  Co.  for  tele- 
phone system. 

September  30,  1907,  to  H.  C.  Means,  superintendent  of  irrigation, 
for  use  of  certain  buildings. 

May  14.  1910,  to  the  Uintah  Railway  Co.  for  telephone  and  tele- 
graph lines. 

Jurisdiction. — See  "  Fort  Douglas,"  ante. 


404  UNITED   STATES    Mil  ITAKY    KKSERVATIONS,  ETC. 


MILITIA  TA1 


This  range  is  located  in  Utah  and  Salt  L  <i  c<  - 

tains  an  area  of  siUmi  18,500  acres.     It  roinpriM-  all  t 
title  to  which  is  in  the  Knit'  ithiri  S> 

28,  29,  30,  31.  32,  33.  84,  35.  T,  1  S..  K.  1  \\  '..  S.  T,.  M.:  - 
7,  8,  and  9,  f.  5  S.,  II.  1  W..  S.  L.  M.:  Sees.  5,  6,  7.  8,  17.  i 
21,  22,  23,  24,  25,  26,  27,  28,  29,  30,  31,  33,  34,  and  35,  T.  ! 
S.  L.  M.;  Sees.  1,  3,  4,  5,  6,  7,  8,  9,  10,  11,  and  12,  T.  5  S.,  K.  J  \V. 
M.,  Utah,  said  lands  having  been  withdrawn  and  : 
ecutive  order  of  April  24,  T.'l  !    (  \<>.   r.»-j-_M,  for  m  ,ose 

for  use  of  the  National  Guard  of  T'tah  as  a  t 
manent  maneuver  grounds  for  the  Utah   National  (Jnard 
maneuvers  with  the  Organized  Militia  of  other  States  an.  I  tin-  1 
lar  Army. 

By  Executive  order  of  April  l.'J.  1915  (\  te  S\V.  \  o 

NE.  J,  the  N.  J  of  SE.  J,  and  the  NE.  }  of  SW.  }  .  Sec.  7. 
AV.,  S.  L.  M.,  reserved  by  K.\e,-utive  Onler  No.   r.  »•_'•_'. 
released  from  such  reservation  so  that  tin-  lan-U  might  re\ert  to  then 
former  status  as  a  part  of  the  public  domain. 


OGDEN 

This  reservation  is  situated  at  Ogden,  in  Weber  County,  and  con- 
tains an  area  of  2.57  acres. 

Title.  —  1.  Deed  from  Myron  W.  Butler  and  wife,  dated  \) 
12,  1874,  conveying  the  2.57  acres  above  noted.  Recorded  it, 
page  11,  of  the  deed  records  of  Weber  County. 

2.  Deed  from  same,  dated  October  14,  1878,  conveying  same  land. 
Recorded  in  book  L,  page  431,  of  same  records. 

VERMONT. 

GENERAL  ACTS  OF  CESSION. 

It  is  hereby  enacted,  etc.,  SECTION  1.  That  pursuant  to  article  one,  section  eight. 
clause  seventeen  of  the  Constitution  of  the  United  S  to  purdi; 

hereby  given.  and  exclusive  jurisdiction  ceded,  to  the  United  States,  over  and 
with  respect  to  any  lands  within  the  limits  of  this  State  which  shall  he 
acquired  hy  the  United  States  for  any  of  the  purp--  Ibed  in  said  clause 

of  the  Constitution  of  the  United  States;  said  jurisdiction  to  continue  as  Ions 
as  the  said  lands  are  held  and  occupied  hy  the  United  States  fur  puhlic  purj- 
K«'<erviiiir.  however,  to  this  State  a  concurrent  jurisdiction  for  the  execution 
upon  said  lands  of  all  process,  civil  or  criminal,  lawfully  issued  hy  the  courts  of 
the  State,  and  not  incompatible  with  the  cession:  rrori<1<  d  that  an  accurate 
map  or  plan,  and  description  by  metes  and  hounds  of  said  lands,  shall  he  filed 
in  the  town  clerk's  office  of  the  town  or  towns  in  which  the  same  are  situate: 
and  Provided  that  the  State  reserves  the  right  to  tax  all  property  of  any  rail- 
road or  other  corporation  having  a  right  of  way  or  location  over  or  upon  the 
said  lands. 

SEC.  2.  This  act  shall  take  effect  from  its  passage.  (Approved  Aug.  26,  1891. 
Laws  of  Vermont,  special  session,  1891,  p.  24.  )  See  also  Vermont  Statutes,  1894, 
sec.  2207. 

It  is  hereby  enacted,  etc.,  SECTION  1.  The  exclusive  jurisdiction  over  so  much 
land  as  the  United  States  may  have  heretofore  acquired  by  gift  or  purchase  in 
any  town  or  city  in  this  State  is  hereby  ceded  to  the  United  States  of  America  : 
Provided,  however,  That  nothing  herein  contained  shall  in  any  manner  take  away 
or  interfere  with  the  jurisdiction  of  this  State  for  serving  legal  process,  civil  or 
criminal  or  either,  lawfully  issued  by  the  courts  of  this  State  and  not  incom- 
patible with  this  cession. 


VERMONT.  405 

SEC.  2.  Consent  to  purchase  is  hereby  given  and  exclusive  jurisdiction  coded 
to  the  United  States  over  and  with  respect  to  any  lands  within  the  limits  of  this 
State  which  shall  hereafter  be  acquired  by  the  United  States  for  any  of  the  pur- 
poses described  in  section  8,  clause  17,  of  the  Constitution  of  the  United  States, 
reserving  however,  to  this  State  concurrent  jurisdiction  for  the  execution  upon 
said  lands  of  all  process,  civil  or  criminal,  lawfully  issued  by  the  courts  of  this 
State  and  not  incompatible  with  the  cession :  And  provided  also,  That  the  deed 
or  other  conveyance  of  said  land  to  the  United  States  of  America  shall  contain 
a  description  of  said  lands  by  metes  and  bounds  and  be  recorded  in  the  town 
or  city  clerk's  office  of  the  town  or  city  in  which  the  same  are  situate,  or  an 
accurate  map  or  plan  of  said  land  shall  be  filed  in  such  town  or  city  clerk's 
office.  (Approved  Dec.  7, 1910.  Laws  of  Vermont,  1910,  p.  3.) 

FORT  ETHAN  ALLEN. 

This  reservation  is  situated  in  Colchester  and  Essex  Townships,  in 
Chittenden  County,  2  miles  from  Essex  Junction  and  6  miles  from 
the  city  of  Burlington,  and  contains  an  area  of  790  acres,  more  or 
less,  with  metes  and  bounds  as  announced  in  G.  O.  76,  W.  D.,  May  11, 
1908.  The  original  purchase  of  600  acres  was  made  under  authorit}' 
of  an  act  of  Congress  approved  August  5,  1892  (27  Stat,  376).  An 
addition  of  190  acres  was  purchased  under  authority  of  an  act  of 
Congress  approved  August  18, 1894.  (28  Stat.,  403.) 

Title.— 1.  Deed  from  Sidney  H.  Weston,  dated  December  8,  1892, 
conveying  50  acres  of  land.  Recorded  in  volume  28,  page  155,  of  the 
land  records  of  Chittenden  County,  in  the  clerk's  office  at  Colchester. 

2.  Deed  from  Sidney  H.  Weston,  dated  December  8,  1892,  convey- 
ing 26.76  acres  of  land.    Recorded  in  volume  28,  page  154,  of  same 
records. 

3.  Deed  from  Sidney  H.  Weston,  dated  December  8,  1892,  convey- 
ing 32.33  acres  of  land.    Recorded  in  volume  28,  page  153,  of  same 
records. 

4.  Deed  from  Sidney  H.  Weston,  dated  December  8,  1892,  convey- 
ing 20  acres  of  land.     Recorded  in  volume  28,  page  152,  of  same 
records. 

5.  Deed  from  M.  F.  Kelley  and  wife,  dated  December  8,  1892,  con- 
veying 50  acres  of  land.    Recorded  in  volume  28,  page  156,  of  same 
records. 

6.  Deed  from  Madison  L.  Baldwin  and  wife,  dated  December  8, 
1892,  conveying  193  acres  of  land.    Recorded  in  volume  28,  page  159, 
of  same  records. 

7.  Deed  from  Edmund  J.  Moseley  and  wife,  dated  December  10, 
1892,  conveying  109  acres  of  land.    Recorded  in  volume  28,  page  160, 
of  same  records. 

8.  Deed  from  George  W.  Beckwith,  assignee,  etc.,  dated  December 
15, 1892,  conveying  14.47  acres  of  land.    Recorded  in  volume  28,  page 
158,  of  same  records. 

9.  Deed  from  Graton  Brand  and  wife,  dated  December  21,  1892, 
conveying  43.45  acres  of  land.    Recorded  in  volume  20,  page  234,  of 
same  records. 

10.  Deed  from  Graton  Brand  and  wife,  dated  December  21,  1892, 
conveying  60.99  acres  of  land.    Recorded  in  volume  28,  page  157,  of 
same  records. 

11.  Deed  from  Michael  Kelly,  dated  December  12,  1892,  conveying 
right  of  way  for  water  and  sewage.    Recorded  in  volume  27,  page  421, 
otsame  records. 


406  UNITED   STATES   MILITAKY   RESERVATIONS,  ETC. 

12.  Deed  from  Graton  Brand,  dated  December  15,  1892,  conveying 
right  of  way  for  water  and  sewage.    Recorded  in  volume  20,  page  235, 
of  same  records. 

13.  Deed  from  Graton  Brand,  dated  April  20,  1893,  conveying 
right  of  way  for  water  and  sewage.    Recorded  in  volume  27,  page  441, 
of  same  records. 

14.  Deed  from  Edmund  J.  Moseley  and  wife,  dated  September  14, 
1893,  conveying  right  of  way  as  described.    Recorded  in  volume  27, 
page  462,  of  same  records. 

15.  Decree  of  condemnation  for  190  acres  of  land  in  the  cause  of 
the  United  States  v.  Graton  Brand,  in  the  district  court  of  the  United 
States  for  the  district  of  Vermont.    Rendered  January  8,  1896,  and 
filed  with  the  record  of  said  cause  in  the  clerk's  office  of  said  court  at 
Brattleboro. 

16.  Deed  from  Graton  Brand  and  wife,  dated  June  22,  1896,  con- 
veying the  land  above  condemned  (No.  15,  supra).    Recorded  in  vol- 
ume 30,  page  116,  of  said,  county  records. 

17.  Resolution  by  the  town  of  Colchester  granting  the  right  to  the 
United  States  to  lay  and  forever  maintain  pipes  and  conduits  for 
sewage  in  the  highways  of  the  town,  and  also  discontinuing  for  the 
benefit  of  the  United  States  a  highway  called  Dunbar  Place.    Passed 
November  15, 1892,  and  recorded  in  the  office  of  the  town  clerk  of  the 
town  of  Colchester. 

Easements. — The  title  acquired  under  decree  of  condemnation,  ren- 
dered January  8,  1896,  and  deed  from  Graton  Brand  and  wife,  ante, 
is  subject  to  an  easement  in  the  public  of  a  highway  called  the  Essex 
and  Winooski  Road,  covering  7  acres,  and  to  an  easement  for  railway 
right  of  way  In  the  Central  Vermont  Railroad  Co.,  covering  21.2 
acres. 

Revocable  licenses. — June  15,  1893.  to  the  Central  Vermont  Rail- 
road Co.  to  construct,  maintain,  and  use  a  side  track  on  the  reservation. 

May  16,  1906,  to  the  New  England  Telephone  &  Telegraph  Co.  for 
a  telephone  system. 

June  23,  1911,  to  John  B.  Lavely  to  make  connection  with  and  use 
water  from  the  post  system  for  supplying  water  for  domestic  pur- 
poses to  a  four-tenement  house  owned  by  him  off  the  reservation 
while  said  house  is  occupied  by  enlisted  men  and  their  families  or  by 
employees  of  the  Government. 

May  31,  1912,  to  F.  F.  Gonyeau  to  make  connection  with  and  use 
water  from  the  post  system  to  supply  water  for  domestic  purposes  to 
buildings  owned  by  him  adjoining  the  reservation  while  said  build- 
ings are  occupied  by  enlisted  men  and  their  families  or  employees  of 
the  Government. 

Jurisdiction. — Ceded  to  the  United  States  by  an  act  of  the  general 
assembly  of  the  State,  approved  November  18,  1892,  which  act  pro- 
vides as  follows: 

SECTION  1.  The  consent  of  the  legislature  of  the  State  of  Vermont  is  hereby 
given  to  the  United  States  to  acquire  by  purchase,  gift  or  otherwise,  such  lands 
in  the  towns  of  Colchester  and  Essex  in  this  State,  as  the  United  States  may 
select  for  the  establishment  and  maintenance  of  a  Military  Post ;  and  exclusive 
jurisdiction  is  hereby  ceded  to  the  United  States  over  and  in  respect  to  any  and 
all  lands  in  said  towns  of  Colchester  and  Essex  so  acquired  by  the  United  States 
for  such  purpose;  said  jurisdiction  to  continue  as  long  as  said  lands  are  held 
and  occupied  by  the  United  States  for  public  purposes;  reserving  however  to 


VIRGINIA.  407 

this  State  a  concurrent  jurisdiction  for  the  execution  upon  said  lands  of  all 
process,  civil  or  criminal,  lawfully  issued  by  the  Courts  of  this  State,  and  not 
incompatible  with  this  cession.  (Laws  of  Vermont,  1892,  p.  392.) 

See  also  "  General  acts  of  cession." 

GREEN  MOUNT  CEMETERY    ( SOLDIERS5  LOT). 

This  reservation  is  situated  in  "Green  Mount  Cemetery,"  in  the 
city  of  Montpelier,  in  Washington  County,  and  is  known  as  lot  No. 
324. 

Title. — Deed  from  the  town  of  Montpelier,  dated  March  28,  1866, 
conveying  above-described  lot. 

PROSPECT  HILL  CEMETERY    (SOLDIERS5  LOT  IN). 

This  lot  is  situated  in  Prospect  Hill  Cemetery,  at  Brattleboro,  in 
Windham  County,  and  contains  an  area  of  1,500  square  feet. 

Title. — Deed  from  the  Prospect  Hill  Association,  dated  August  28, 
1869,  conveying  above  lot.  Recorded  in  book  Y,  page  520,  of  the  deed 
records  of  Windham  County,  in  the  office  of  the  town  clerk  of  Brat- 
tleboro. 

VIRGINIA. 

GENERAL  ACT  OF  CESSION. 

1.  Be  it  enacted,  etc.,  That  the  consent  of  the  State  of  Virginia  is  hereby 
given,  in  accordance  with  the  seventeenth  clause,  eighth  section,  of  the  first 
article  of  the  constitution  of  the  United  States,  to  the  acquisition  by  the  United 
States,  by  purchase,  condemnation,  or  otherwise,  of  any  land  in  this  State  re- 
quired for  sites  for  custom  houses,  courthouses,  postoffices,  arsenals,  or  other 
public  buildings  whatever,  or  for  any  other  purposes  of  the  government. 

2.  That  exclusive  jurisdiction  in  and  over  any  land  so  acquired  by  the  United 
States  shall  be,  and  the  same  is  hereby,  ceded  to  the  United  States  for  all  pur- 
poses except  the  service  upon  such  sites  of  all  civil  and  criminal  process  of  the 
courts  of  this  state ;  but  the  jurisdiction  so  ceded  shall  continue  no  longer  than 
the  said  United  States  shall  own  such  lands. 

3.  The  jurisdiction  ceded  shall  not  vest  until  the  United  States  shall  have 
acquired  the  title  to  said  lands  by  purchase,  condemnation,  or  otherwise;  and 
so  long  as  the  said  lands  shall  remain  the  property  of  the  United  States  when 
acquired  as  aforesaid,  and  no  longer,  the  same  shall  be  and  continue  exempt 
and  exonerated  from  all  State,  County,  and  municipal  taxation,  assessment,  or 
other  charges  which  may  be  levied  or  imposed  under  the  authority  of  this  State. 
(Approved  Apr.  2,  1902.     Acts  of  1901-2,  p.  565.     See  Virginia  Code,  1904, 
sec.  15a.) 

Above  general  act  of  cession  was  amended  and  reenacted  by  act  of 
the  general  assembly,  approved  March  14,  1912  (acts  of  assembly, 
1912,  chap.  260,  p.  563),  the  effect  of  this  amendment  and  reenact- 
ment  being,  apparently,  to  repeal  said  act  as  regards  the  acquisition 
by  the  United  States  of  property  in  the  State  thereafter  with  the 
exception  only  of  lands  acquired  by  purchase  "  for  the  purpose  of 
forest  conservation  and  preservation  of  natural  resources."  Said  act 
provides  as  follows : 

1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  That  an  act  entitled  an 
act  ceding  to  the  United  States  exclusive  jurisdiction  over  certain  lands  ac- 
quired for  public  purposes  within  this  State,  and  authorizing  the  acquisition 
thereof,  approved  April  second,  nineteen  hundred  and  two,  be,  and  the  same  is 
hereby,  amended  and  re-enacted  so  as  to  read  as  follows: 


408  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

"1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  That  the  consent  of  the 
State  of  Virginia  is  hereby  given  in  accordance  wifh  the  seventeenth  clause, 
eighth  section  of  the  first  article  of  the  Constitution  of  the  United  States,  to  the 
acquisition  by  the  United  States  by  purchase  of  any  land  in  this  State  for  the 
purpose  of  forest  conservation  and  preservation  of  natural  resources." 

ALEXANDRIA   NATIONAL  CEMETERY. 

This  reservation  is  situated  near  Alexandria,  in  Fairfax  County, 
and  contains  an  area  of  5.50  acres  of  land  and  right  of  way. 

Title. — 1.  Deed  from  John  H.  Baggett  and  wife,  dated  November 
8,  1865,  conveying  88,164  square  feet  of  ground.  Recorded  in  liber 
S,  No.  4,  page  38,  of  the  deed  records  of  Fairfax  County. 

2.  Deed  from  John  H.  Baggett  and  wife,  dated  November  24,  1870, 
conveying  8£  square  perches  of  land.     Recorded  in  liber  S,  No.  4, 
page  37,  of  same  records. 

3.  Deed  from  John  Baggett  and  wife,  dated  December  19,  1882, 
conveying  1.61  acres  of  land.    Recorded  in  liber  B,  No.  5,  page  576, 
of  same  records. 

4.  Lease  from  the  city  of  Alexandria,  for  999  years,  dated  June  1, 
1862,  leasing  2  acres  of  land.    Recorded  in  liber  S,  No.  4,  page  41, 
of  same  records. 

5.  Quitclaim  deed  from  the  city  of  Alexandria,  dated  May  6,  1875, 
conveying  all  interest  in  land  described  in  above  lease.    Recorded  in 
liber  S,  No.  4,  page  238,  of  same  records. 

6.  Ordinance  of  the  city  council  of  February  24,  1891,  granting 
right  of  way  over  Wilkes  Street. 

7.  Deed  from  the  city  of  Alexandria,  dated  July  17,  1891,  convey- 
ing a  right  of  way  30  feet  wide  over  a  lane  leading  from  the  inter- 
section of  Payne  and  Wilkes  Streets  to  the  cemetery.    Recorded  in 
book  K,  No.  5,  page  623,  of  same  records. 

Jurisdiction. — Ceded  to  the  United  States  by  an  act  of  the  State 
legislature,  approved  March  26,  1872,  which  provides  as  follows : 

1.  Whereas,  it  is  represented  by  William  Myers,  Captain  and  depot  quarter- 
master, that  he  is  instructed  by  the  Quartermaster-General  of  the  United  States 
Army  to  apply  to  the  general  assembly  for  its  consent  to  the  purchase  by  the 
authorities  of  the  United  States  of  a  tract  of  land  in  the  County  of  Fairfax,  near 
the  City  of  Alexandria,  now  occupied  as  a  national  cemetery,  and  that  accord- 
ing to  his  description  of  said  land  it  is  laid  down  and  bounded  as  follows :  [Here 
describes  the  lands.] 

Be  it  enacted,  etc.,  That  the  consent  of  this  State  is  hereby  given  to  the 
purchase  of  said  land  from  the  owners  thereof,  whether  individuals  or  corpora- 
tion, by  the  Government  of  the  United  States  of  America,  or  its  authorized 
officers  or  agent,  to  be  occupied  and  used  as  a  National  Military  Cemetery,  and 
for  this  purpose  only.  But  this  consent  is  given,  subject  to  the  following  terms 
and  conditions,  to  wit: 

First  That  this  State  retains  concurrent  jurisdiction  with  the  United  States 
over  the  said  place,  so  that  Courts,  magistrates  and  officers  of  this  State  may 
take  such  cognizance,  execute  such  process  and  discharge  such  other  legal  func- 
tions within  the  same  as  may  not  be  incompatible  with  the  consent  hereby  given. 

Second.  That  if  the  purposes  of  this  grant  should  cease,  or  there  should  be  for 
five  years  consecutively  a  failure  on  the  part  of  the  United  States  to  use  said 
place  for  said  purpose,  then  the  jurisdiction  hereby  ceded  shall  cease  and  de- 
termine and  the  same  shall  revert  to  the  Commonwealth  of  Virginia. 

The  said  tract  of  land  and  the  buildings  that  may  be  erected  thereon  for  the 
purposes  aforesaid,  and  any  property  of  the  United  States  for  said  purposes 
on  said  tracts,  are  hereby  exempted  from  all  taxes  imposed  by  this  State  or  by 
the  constituted  authorities  of  the  County  of  Fairfax  or  the  City  of  Alexandria ; 
but  this  exemption  shall  continue  only  so  long  as  the  United  States  shall  be  and 
remain  the  owners  of  said  Military  Cemetery.  (See  Code  of  Va.,  1904,  sec.  15.) 

See  also  "  General  act  of  cession." 


VIRGINIA.  409 

AQUEDUCT  BRIDGE    (SOUTHERN  APPROACH  TO). 

This  reservation  is  situated  at  the  Virginia  e.nd  of  the  bridge  con- 
necting Georgetown  and  Rosslyn,  and  contains  5.2418  acres.  The 
land  embraced  is  more  particularly  described  as  follows :  Beginning 
at  a  point  100  feet  east  of  the  northeast  corner  of  Canal  Street  and 
Chadwick  Avenue  and  running  thence  west  along  the  north  side  of 
Canal  Street  480  feet,  thence  in  a  northerly  direction  at  an  angle  of 
90°  with  Canal  Street  to  the  south  bank  of  the  Potomac  River, 
thence  in  an  easterly  direction  along  the  south  bank  of  the  Potomac 
River  and  abutment  of  the  said  bridge  to  the  intersection  on  the 
river  bank  of  a  line  drawn  from  the  point  of  beginning  at  an  angle 
of  90°  with  the  north  line  of  Canal  Street  aforesaid,  and  from  thence 
in  a  straight  line  to  the  place  of  beginning.  The  tract  was  acquired 
pursuant  to  authority  of  act  of  Congress  approved  June  21,  1886 
(24  Stat,  84). 

Title. — Deed  from  Alexandria  Canal,  Railroad  &  Bridge  Co., 
dated  December  18,  1886,  conveying  above  tract  (including  the 
bridge,  piers,  etc.).  Recorded  in  liber  G,  No.  4,  folio  436,  of  the  land 
records  of  Alexandria  County  court. 

Easement. — Act  of  Congress  approved  July  29,  1903  (32  Stat., 
781),  provided  for  the  crossing  of  Aqueduct  Bridge  by  the  Great 
Falls  &  Old  Dominion  Railroad  Co.  Location  of  right  of  way  ap- 
proved by  the  Secretary  of  War  July  14,  1904,  and  November  29, 
1905. 

Revocable  licenses. — March  15,  1887,  to  the  Baltimore  &  Ohio 
Telegraph  Co.  to  place  poles  upon  the  bridge  and  abutments. 

December  18,  1895,  to  Washington,  Arlington  &  Falls  Church 
Railway  Co.  to  extend  its  track  to  the  south  end  of  the  bridge. 

January  5,  1897,  to  Washington,  Arlington  &  Falls  Church  Rail- 
way Co.  to  lay  additional  track. 

April  27,  1898,  to  the  Washington,  Arlington  &  Falls  Church 
Railway  Co.  to  erect  an  addition  to  the  reception  room  at  the  south 
end  of  the  Aqueduct  Bridge. 

July  9,  1898,  to  the  postmaster  at  Rosslyn  to  construct  and  main- 
tain small  toilet  room  under  platform  of  station  building. 

June  6,  1900,  to  Washington,  Arlington  &  Falls  Church  Railway 
Co.  to  erect  a  platform  on  east  side  of  station  at  south  end  of  Aque- 
duct Bridge. 

October  12,  1900,  to  Washington,  Arlington  &  Falls  Church  Rail- 
way Co.  to  erect  addition  to  station  building  at  south  end  of  Aque- 
duct Bridge. 

May  1,  1901,  to  Washington,  Arlington  &  Falls  Church  Railway 
Co.  to  add  to  the  floor  space  of  its  lunch  room  in  station  building 
at  the  south  end  of  the  Aqueduct  Bridge. 

April  29,  1904,  to  the  Washington,  Arlington  &  Falls  Church 
Railway  Co.  to  maintain  a  baggage  storeroom  on  its  station  plat- 
lorm. 

June  10,  1904,  to  Washington,  Arlington  &  Falls  Church  Railway 
Co.  to  alter  the  position  of  its  tracks  and  the  form  of  its  station  and 
to  widen  the  platform  from  the  immediate  approach  to  the  Aque- 
duct Bridge. 

March  18,  1905,  to  the  Western  Union  Telegraph  Co.  to  maintain 
existing  telegraph  line. 


410  UNITED    STATES    MILITARY   RESERVATIONS,  ETC. 

December  5,  1905,  to  the  Falls  Church  Telephone  &  Telegraph  Co. 
to  relocate  its  line  of  telegraph  and  telephone  poles. 

January  27,  1906,  to  the  Rosslyn  Connecting  Railroad  Co.  for  3- 
inch  water  pipe  along  roadway  in  front  of  the  reservation  and  cross- 
ing the  military  road. 

March  19,  1906,  to  the  Washington,  Arlington  &  Falls  Church 
Railway  Co.  for  toilet  room  and  water  and  sewer  connections. 

April  2,  1906,  to  Washington,  Arlington  &  Falls  Church  Railway 
Co.  to  "  maintain  its  tracks,  switches,  and  pole  line  "  and  for  "sus- 
pension pole  " — all  previous  licenses  for  "  poles  or  pole  lines  "  being 
revoked. 

July  16,  1906,  to  Great  Falls  &  Old  Dominion  Railroad  Co.  for 
loop  track. 

January  14,  1907,  to  same  company  for  small  building  for  shelter 
of  pitman. 

November  10  and  19,  1908,  to  Washington,  Arlington  &  Falls 
Church  Railway  Co.  to  alter  the  location  of  tracks,  switches,  and 
poles;  to  remove  and  replace  sidewalk,  etc. 

December  2,  1909,  to  Potomac  Electric  Power  Co.  for  pole  line  on 
the  Aqueduct  Bridge,  Fort  Myer  military  road. 

December  14,  1909,  to  Rosslyn  Electric  &  Gas  Co.  to  lay  gas  main 
on  reservation  at  south  end  of  Aqueduct  Bridge,  military  road,  and 
Fort  Myer  Reservation. 

August  5,  1910,  to  Falls  Church  Telephone  &  Telegraph  Co.  to  lay 
and  maintain  an  underground  electric  conduit  across  the  military 
road. 

March  29, 1912,  to  Potomac  Electric  Power  Co.  to  string  additional 
wire  across  military  road. 

April  10, 1912,  to  the  Potomac  Electric  Power  Co.  to  erect  poles  and 
string  wires,  etc. 

March  26, 1913,  to  Potomac  Electric  Power  Co.  to  install  and  main- 
tain four  street  lights  on  military  road  south  from  Fayette  Street, 
Rosslyn. 

July  12,  1915,  to  the  Postal  Telegraph-Cable  Co.  to  set  three  poles 
on  the  west  side  of  the  Old-Dominion  Railroad  tracks,  immediately 
south  of  the  Aqueduct  Bridge,  and  to  take  down  four  existing  poles. 

See  also  Aqueduct  Bridge.  District  of  Columbia,  and  easements 
and  licenses  under  Arlington,  Va. 

Jurisdiction. — Ceded  by  an  act  of  the  State  legislature,  approved 
March  6,  1886,  which  provided  as  follows : 

1.  Be  it  enacted,  etc.,  That  the  consent  of  this  state  be  and  is  hereby  given  to 
the  purchase  or  acquisition,  by  gift  or  concession  of  the  owners,  by  the  govern- 
ment of  the  United  States,  or  under  the  authority  of  the  same,  of  land  in  the 
county  of  Alexandria,  necessary  for  the  abutment  and  approaches  of  the  pro- 
posed bridge  across  tho  Potomac  river,  anywhere  in  the  county  of  Alexandria, 
not  exceeding  ten  acres,  and  the  building  of  such  abutment  and  approaches  upon 
the  land  that  may  be  so  acquired,  and  to  the  exercise  of  such  jurisdiction  by  the 
United  States  over  the  same  as  may  be  necessary.  But  this  consent  is  given  sub- 
ject to  the  following  terms  and  conditions,  to-wit : 

First.  That  this  state  retains  concurrent  jurisdiction  with  the  United  States 
over  such  land,  so  that  the  courts,  magistrates,  and  officers  of  this  state  may  take 
such  cognizance,  execute  such  process,  and  discharge  such  other  legal  functions 
within  the  same  as  may  not  be  incompatible  with  the  consent  hereby  given. 

Second.  That  if  the  purpose  of  this  grant  should  cease,  or  there  should  be,  for 
five  years  consecutively  a  failure  on  the  part  of  the  United  States  to  use  said 
land  for  said  purpose,  then  the  jurisdiction  hereby  ceded  shall  cease  and  de- 
termine, and  the  same  shall  revert  to  the  commonwealth  of  Virginia. 


VIRGINIA.  411 

2.  The  land  acquired,  and  the  abutments  and  approaches  built  for  the  pur- 
poses aforesaid,  shall  be  exempt  from  taxation  by  the  state,  or  by  the  constituted 
authorities  of  the  county  of  Alexandria ;  but  this  exemption  shall  continue  only 
so  long  as  the  United  States  shall  continue  to  be  owners  of  the  land  and  the 
erections  thereon. 

3.  This  act  shall  be  in  force  from  its  passage.     (See  Code  of  Va.,  1904,  sec. 
15.) 

ARLINGTON. 

This  reservation  is  situated  on  the  west  bank  of  the  Potomac  River, 
opposite  Washington,  D.  C.,  and,  together  with  an  area  between  the 
Georgetown  and  Alexandria  road  and  the  Potomac  River  of  about 
330  acres,  jurisdiction  as  to  which  is  in  the  Department  of  Agricul- 
ture (act  of  Apr.  18,  1900,  as  amended  June  3,  1902;  32  Stat.,  293), 
Contains,  according  to  survey,  about  1,046  acres,  with  metes  and 
bounds  as  given  in  G.  O.  27,  W.  D.,  Feb.  10, 1909.  To  this  was  added, 
in  1913,  3.7165  acres  for  a  road  between  the  Potomac  Highway  Bridge 
and  the  reservation,  making  the  total  area  of  the  reservation  about 
1,050  acres.  The  following  statement  under  "  Title  "  contains  a  full 
description  of  the  title,  etc.,  to  the  reservation : 

Title. — This  tract  of  land,  improved  by  sundry  buildings,  etc.,  the 
legal  title  to  which,  under  the  will  of  George  W.  Parke  Custis,  who 
died  in  1857,  was  in  Mrs.  Mary  Ann  Randolph  Lee,  the  wife  of  Gen. 
Robert  E.  Lee,  for  life,  with  remainder  over  to  George  Washington 
Custis  Lee  in  fee  conditional,  was  taken  possession  of  by  the  United 
States  in  the  spring  of  1861  as  within  their  milifr<ry  lines  and  the 
immediate  scene  of  important  military  operations  against  an  enemy 
then  in  arms  against  the  Government,  and  so  continued  in  possession 
for  such  purposes  after  the  course  of  events  had  carried  military  occu- 
pation and  operations  elsewhere,  as  a  defensible  position  for  fortifi- 
cations to  command  the  capital.  Subsequently,  under  a  certain  di- 
rect tax  act  of  June  7,  1862  (12  Stat.,  422),  knd  February  6,  1863 
(12  Stat.,  640),  a  tax  was  assessed  against  the  property,  and,  in  de- 
fault of  payment,  the  usual  sale  was  had,  when  the  United  States, 
pursuant  to  authority  of  law,  bid  in  the  property  at  the  tax  sale  "  for 
Government  use  for  war,  military,  charitable,  and  educational  pur- 
poses," and  under  this  title  continued  in  possession  until  1883.  Dur- 
ing this  period  a  considerable  part  of  the  property  was  devoted  to  a 
cemetery  for  deceased  soldiers  of  the  United  States,  under  the  style 
of  the  "Arlington  National  Cemetery";  another  considerable  part 
for  the  erection  of  a  fort  and  the  works  connected  therewith,  under 
the  name  of  "  Fort  Whipple,"  subsequently  changed  to  "  Fort  Myer  " ; 
and  a  third  and  smaller  part  for  the  occupation  of  homeless  and 
destitute  freedmen  and  colored  refugees. 

After  the  close  of  the  war,  Mrs.  Lee  having  deceased,  the  remain- 
derman, George  W.  P.  C.  Lee,  claiming  that  the  tax  sale  was  defect- 
ive, brought  an  action  of  ejectment  in  the  circuit  court  for  the  county 
of  Alexandria,  Va.,  which  was  removed  by  a  writ  of  cjertiorari  into 
the  circuit  court  of  the  United  States,  where  it  was  heard  and  deter- 
mined in  favor  of  the  claimant.  From  this  decision  the  case  was 
taken  to  the  Supreme  Court  on  writs  of  error,  and  the  latter  court,  at 
its  October  term,  1882,  affirmed  the  judgment  in  favor  of  Mr.  Lee,  on 
the  ground  that  the  tax  certificate  and  sale  did  not  divest  the  plaintiff 
of  his  title  to  the  property.  (See  IT.  S.  v.  Lee;  Kaufman  v.  Lee,  16 
Otto,  196.)  Under  this  new  condition  of  affairs,  involving  a  possible 


412  UNITED   STATES   MILITARY  RESERVATIONS,  ETC. 

removal  of  thousands  of  bodies  from  the  cemetery,  the  dismantling  of 
a  fort,  and  the  dispossession  of  many  colored  people  whom  the  United 
States  had  permitted  to  reside  on  a  part  of  the  tract,  and  in  order  to 
secure  a  complete  title  to  the  property,  the  United  States,  under  au- 
thority of  an  act  approved  March  3,  1883  (22  Stat.,  584),  accepted 
an  offer  of  Mr.  Lee  to  convey  the  same,  with  covenant  of  general 
warranty  against  every  manner  of  claim  against  or  in  respect  of  said 
property,  in  rem  or  in  personam,  and  also  against  all  and  every  claim 
for  damages  on  account  of  the  use  or  occupation  of  said  property,  for 
the  sum  of  $150,000. 

Accordingly,  on  the  31st  of  March,  1883,  for  and  in  consideration 
of  $125,000  in  hand  paid  ($25,000  being  retained  until  jurisdiction 
should  be  ceded  by  the  State  of  Virginia,  with  perpetual  exemption 
from  taxation),  the  estate  all  and  singular  was  conveyed  to  the 
United  States  by  deed  in  fee  simple  by  George  W;  P.  C.  Lee  for  him- 
self, his  heirs,  and  assigns  forever  (deed  recorded  in  book  F  4,  records 
Alexandria  County,  Va.,  p.  257,  May  14,  1883) ;  and  on  the  25th  of 
March,  1884,  the  General  Assembly  of  the  State  of  Virginia  having, 
by  act  approved  February  23,  1884,  ceded  its  jurisdiction  over  the 
said  land  and  exempted  the  same  from  taxation,  the  final  payment  of 
$25,000  was  made,  and  the  Arlington  estate  became  the  property  of 
the  United  States. 

Title  to  tract  acquired  in  1913  for  road  from  reservation  to  High- 
way Bridge: 

Deed  from  H.  Rozier  Dulaney  and  R.  Walton  Moore,  trustees, 
dated  April  2,  1913,  conveying  a  strip  of  land  TO  feet  in  width  lead- 
ing from  near  the  southeast  corner  of  the  reservation  to  the  Highway 
Bridge  containing  3.7165  acres.  Recorded  in  deed  book  137,  page  596, 
land  records  of  the  county  of  Alexandria. 

By  order  of  the  Secretary  of  War,  dated  January  11,  1897,  the 
limits  of  the  national  military  cemetery  within  the  foregoing-de- 
scribed estate  were  defined  and  the  area  fixed  at  408 -g^  acres. 

By  order  of  the  Secretary  of  War,  dated  February  8,  1889,  the 
limits  of  the  post  of  Fort  Myer  within  the  aforesaid-described  estate 
were  defined  and  the  area  fixed  at  186  acres,  and  the  remainder  of  the 
estate  placed  in  charge  of  the  Quartermaster's  Department. 

Easements. — Act  of  Congress  approved  February  28,  1891  (26 
Stat.,  789),  granted  a  right  of  way  through  the  reservation  to  the 
Washington  &  Arlington  Railway  Co.  Location  approved  by  the 
Secretary  of  War  December  12,  1891. 

Act  of  Congress  approved  March  3,  1893  (27  Stat.,  747),  granted 
a  right  of  way  66  feet  wide  through  the  reservation  to  the  Washing- 
ton Southern  Railway  Co.  Location  approved  by  the  Secretary  of 
War  June  1,  1893. 

Act  of  Congress  approved  December  8,  1894  (28  Stat.,  593), 
granted  a  right  of  way  50  feet  in  width  through  the  reservation  to 
the  Washington,  Alexandria  &  Mount  Vernon  Railway  Co. 

Revocable  license*. — February  27,  1889,  to  the  board  of  super- 
visors of  Alexandria  County  to  open  and  maintain  a  road  40  feet 
wide  upon  the  reservation. 

September  5,  1894,  to  the  Washington,  Arlington  &  Falls  Church 
Railway  Co.,  owner  of  railway  constructed  by  Washington  &  Arling- 
ton Railway  Co.,  to  construct  line  of  double  track  on  the  reservation 


VIRGINIA.  413 

and  to  erect  passenger  shed  at  its  terminus  and  a  platform  and  shed 
near  Fort  Myer  Reservoir. 

April  20, 1895.  to  the  Washington,  Arlington  &  Falls  Church  Rail- 
way Co.  to  construct,  operate,  and  maintain  its  line  of  railway  across 
the  northwest  corner  of  the  reservation. 

April  26, 1898,  to  the  Washington,  Arlington  &  Falls  Church  Rail- 
way Co.  to  extend  its  line  of  tracks  across  the  Fort  Myer  Reservation. 
Change  in  location  authorized  May  2,  1908,  to  make  room  for  post 
buildings. 

November  26,  1898,  to  the  Washington,  Arlington  &  Falls  Church 
Railway  Co.  to  connect  with  Government  water  main  and  drain  pipe 
at  the  station  building  near  Arlington  Cemetery  gate. 

May  4,  1899,  to  the  Home  Telephone  Co.  to  place  poles  along 
\vestern  boundary  of  the  reservation. 

February  27,  1901,  to  Washington,  Arlington  &  Fall  Church  Rail- 
way Co.  to  construct  and  maintain  small  shelter  station  on  the 
reservation. 

July  31,  1902,  to  Washington,  Arlington^  Falls  Church  Railway 
Co.  to  change  the  location  of  its  tracks  on  the  reservation. 

February  19,  1904,  to  the  Falls  Church  Telephone  &  Telegraph 
Co.  to  erect  and  maintain  not  exceeding  10  poles  on  the  reservation. 

April  25,  1906,  to  Washington,  Arlington  &  Falls  Church  Railway 
Co.  for  extension  of  tracks  to  connect  with  line  of  Washington, 
Alexandria  &  Mount  Vernon  Railway. 

February  11,  1909,  to  the  Falls  Church  Telegraph  &  Telephone  Co. 
for  wires  on  trolley  poles  of  the  Washington,  Arlington  &  Falls 
Church  Railway  Co. 

February  27,  1909,  to  Washington,  Arlington  &  Falls  Church  Rail- 
way Co.  for  double-track  electric  railway  with  loop. 

May  22,  1909,  to  the  Falls  Church  Telegraph  &  Telephone  Co.  for 
telephone  line  along  west  line  of  public  road  on  west  side  of  Fort 
Myer. 

April  — ,  1910.  to  Washington,  Arlington  &  Falls  Church  Railway 
Co.  to  install  additional  toilet  facilities  in  its  Fort  Myer  station  and 
to  make  connection  with  the  Government  water  and  sewer  main. 

February  28,  1911,  to  the  Navy  Department  to  occupy  a  site  on  the 
reservation  for  a  wireless-telegraph  station. 

March  23,  1911,  to  the  Navy  Department  to  install  a  pipe  line  and 
connect  same  with  the  Fort  Myer  water-supply  system  for  the  pur- 
pose of  obtaining  water  therefrom  for  use  at  its  wireless  station. 

May  10,  1911,  to  the  Navy  ^Department  to  occupy  additional  area 
for  its  wireless-telegraph  station. 

June  12, 1911,  to  Arlington  Electric  Power  Co.  to  construct  electric 
pole  transmission  line  on  reservation. 

November  21,  1911,  to  Potomac  Electric  Power  Co.,  on  request  of 
Navy  Department,  to  erect  poles  on  reservation  in  connection  with 
extension  of  the  wireless  station  at  Fort  Myer. 

For  further  privileges  see  "Aqueduct  Bridge." 

Jurisdiction. — Ceded  to  the  United  States  by  the  act  of  the  State 
legislature,  heretofore  referred  to,  which  is  as  follows: 

Whereas,  Robert  T.  Lincoln,  Secretary  of  War  of  the  United  States,  has  made 
application  to  this  General  Assembly,  for  its  consent  to  the  purchase  by  the 
authorities  of  the  United  States  of  a  tract  of  land,  described  as  follows:  All 
that  certain  tract  or  body  of  land,  situate  in  Alexandria  County  (formerly  in 


414  UNITED    STATES    MILITARY   RESERVATIONS,  ETC. 

Fairfax  County),  in  the  State  of  Virginia,  commonly  known  as  the  Arlington 
House  estate,  confaining  eleven  hundred  acres,  be  the  same  ever  so  much  more 
or  less,  being  the  identical  tract  or  body  of  land,  which  was  conveyed  by  Gerard 
Alexander  and  wife,  to  John  Parke  Custis,  by  deed  bearing  date,  December 
twenty-fifth,  A.  D.  one  thousand  seven  hundred  and  seventy-eight,  and  of  him 
the  said  John  Parke  Custis,  inherited  by  George  W.  P.  Custis,  who  devised  the 
same  to  George  W.  C.  Lee,  and  by  him,  the  said  George  W.  C.  Lee,  conveyed  to 
the  United  States,  by  deed  bearing  date  the  thirty-first  day  of  March,  eighteen 
hundred  and  eighty-three,  recorded  in  Liber  F,  number  four,  folio  two  hundred 
and  fifty-seven,  one  of  the  land  records  of  Alexandria  County,  Virginia ;  and 
whereas,  the  United  States  authorities  held  possession  of  said  real  estate,  claim- 
ing absolute  ownership  thereof  from  January  eleventh,  eighteen  hundred  and 
sixty-four,  until  March  thirty-first,  eighteen  hundred  and  eighty-three,  and  used 
the  same  as  a  national  cemetery  for  the  burial  of  deceased  soldiers  and  sailors, 
and  for  other  public  purposes,  during  which  period  no  taxes,  or  county  or  town- 
ship levies  were  either  demanded  or  paid  thereon,  and  for  which  a  claim  has 
been  recently  asserted ;  therefore, 

1.  Be  it  enacted  by  the  General  Assembly  of  Viryiitia,  That  the  consent  of  this 
state  is  hereby  given  to  the  purchase  of  said  tract  of  land  by  the  Government  of 
the  United  States  of  America,  but  this  consent  is  given  subject  to  the  following 
terms  and  conditions,  to  wit:  That  this  State  retains  concurrent  jurisdiction 
with  the  United  States  over  the  said  tract  of  land,  so  that  courts,  magistrates 
and  officers  of  this  state  may  take  sach  cognizance,  execute  such  process,  and 
discharge  such  other  legal  functions  within  the  same  as  may  not  be  incompatible 
with  tlte  consent  hereby  given. 

2.  That  said  tract  of  land  and  the  buildings  now  or  that  may  hereafter  be 
erected  thereon,  and  any  property  of  the  United  States,  on  said  tract,  are  hereby 
exempted  from  all  taxes  imposed  by  this  state,  or  by  the  constituted  authorities 
of  Alexandria  County,  and   this  exemption  shall  be  in  force  from  the  date  of 
said  purchase  by  the  United  States,  March  thirty-first,  eighteen  hundred  and 
eighty-three,  and  shall  continue  only  so  long  as  the  United  States  shall  be  and 
remain  the  owner  of  said  tract  of  land ;  and  all  taxes,  and  county,  township  and 
district  levies,  due  or  claimed  to  be  due,  for,  against  or  upon  said  real  estate 
since  the  same  went  into  possession  of  and  has  been  held  and  used  by  the  United 
States  authorities,  as  aforesaid,  are  hereby  released  and  discharged.     (See  Code 
of  Va.,  1904,  sec.  15.) 

See  also  "  General  act  of  cession." 

ARLINGTON  NATIONAL  CEMETERY. 

This  reservation  contains  an  area  of  408-^j  acres,  being  a  portion  of 
the  Arlington  estate. 

See  "Arlington  "  for  situation,  title,  and  jurisdiction. 

BALLS  BLUFF  NATIONAL  CEMETERY. 

This  reservation  is  situated  about  2  miles  from  Leesburg,  in  Lou- 
doun  County.  It  contains  an  area  of  2,500  square  feet,  and  was  taken 
possession  of  and  inclosed  by  the  United  States  in  1865. 

Title. — 1.  Quitclaim  deeds  obtained  in  1904  from  a  majority  of  the 
heirs  of  the  late  Gov.  Swann,  of  Maryland,  former  owner  of  the 
tract. 

2.  Deed  from  Rachel  A.  Paxton,  dated  March  7,  1907,  to  right  of 
way  for  roadway.  Recorded  in  clerk's  office  of  the  circuit  court  of 
Loudoun  County,  8-E-113. 

Jurisdiction. — See  "  General  act  of  cession." 

BELVOIR,  OR  WHITE  HOUSE  TRACT. 

This  tract  is  situated  upon  the  Potomac  River,  near  Accotink.  in 
Fairfax  County,  and  contains  an  area  of  about  1,500  acres.  It  was 


VIKGINIA.  415 

originally  acquired  for  a  reformatory  for  the  District  of  Columbia, 
but  was  transferred  to  the  War  Department  by  act  approved  August 
24,  1912  (37  Stat.,  589),  "  for  such  purposes  as  may  be  hereafter  spe- 
cifically authorized  by  Congress." 

Title. — Decree  in  condemnation  proceedings  in  the  United  States 
Circuit  Court  for  the  Eastern  District  of  Virginia,  dated  September 
24,  1910,  in  the  case  of  United  States  v.  A.  Certain  Parcelof  Land 
in  Fairfax  County  known  as  the  "  Belvoir  "  or  "  White  House  "  tract. 
Filed  with  record  in  said  case  in  clerk's  office  of  said  court. 

Revocable  licenses.— March  26,  1914,  to  J.  N.  Gibbs,  D.  D.  Thomp- 
son, and  John  S.  West,  to  use  and  maintain  such  portion  of  the  road 
leading  from  the  county  road  to  the  "  White  House  "  landing  as  is  in 
part  or  entirely  upon  the  reservation. 

April  6, 1914,  to  A.  J.  Payne,  to  build  a  house  on  the  reservation,  to 
occupy  said  house,  to  cut  dead  or  fallen  timber,  and  to  cultivate  22 
acres  of  cleared  land. 

Jurisdiction. — See  "  General  act  of  cession." 

CAPE    HENRY. 

This  reservation  is  situated  at  Cape  Henry,  in  Princess  Anne 
County,  and  contains  an  area  of  about  343.1  acres.  It  comprises  one 
main  tract,  containing  about  330  acres,  and  four  minor  tracts,  contain- 
ing, respectively,  about  5,  4.8,  1.7,  and  1.6  acres. 

Title. — Decree  of  the  United  States  district  court,  dated  June  26, 
1914,  in  condemnation  proceedings  in  case  No.  1902,  covering  the 
entire  343.1  acres,  the  property  of  the  Cape  Henry  syndicate  and  other 
owners  of  lots  in  what  was  known  as  the  Cape  Henry  subdivision. 
Recorded  in  deed  book  93,  page  514,  et  seq.,  in  the  clerk's  office  of 
Princess  Anne  circuit  court. 

Jurisdiction. — Ceded  to  the  United  States  by  act  of  the  State  legis- 
lature approved  March  10,  1914  (acts  of  assembly,  Virginia,  1914, 
p.  95),  which  provides  as  follows: 

Whereas,  it  has  been  represented  to  the  general  assembly  of  Virginia  that  it 
may  be  desirable  for  the  United  States  to  acquire,  by  purchase  or  condemnation, 
certain  lands  at  Cape  Henry,  in  the  county  of  Princess  Anne,  on  or  near  the 
Atlantic  Ocean  and  Chesapeake  bay,  to  low  water  mark,  for  the  purpose  of 
erecting  fortifications  and  other  military  purposes ;  therefore, 

Be  it  enacted  fry  the  general  assembly  of  Virginia,  That  the  consent  of  the  Com- 
monwealth be,  and  is  hereby  given  to  the  said  purchase  or  condemnation,  and 
when  the  same  shall  be  made  or  had,  jurisdiction  is  hereby  ceded  to  the  United 
States  government  over  said  tract  or  tracts  of  land,  so  that  Congress  and  the 
authorities  of  the  Federal  government  shall  have  the  lawful  power  and  control 
over  and  in  the  same,  as  specified  in  the  seventeenth  clause  of  the  eighth  section 
of  the  first  article  of  the  Constitution  of  the  United  States.  Provided,  however, 
that  the  consent  herein  given  shall  not  extend  to  the  purchase,  condemnation,  or 
acquisition  of  more  than  one  thousand  acres  of  land  for  the  purposes  aforesaid ; 
and  provided,  further,  that  the  State  retains  jurisdiction  over  the  same  in  all 
matters  relating  to  the  violation  of  the  laws  of  the  State,  and  the  execution  and 
service  of  all  processes  issued  by  or  from  its  courts,  in  pursuance  of  law,  and 
in  all  matters  not  incompatible  with  the  consent  herein  given,  and  the  rightful 
authority  of  the  United  States  acquired,  or  to  be  acquired,  under  this  act. 

2.  The  said  land  and  the  privileges  hereby  ceded,  the  buildings,  fortifications, 
magazines,  storehouses,  wharves,  docks,  residences  and  appurtenances  thereto, 
which  may  be  erected  thereon,  by  the  United  States  government  are  hereby 
exempted  from  taxation,  State  or  county,  so  long  as  the  same  shall  be  held  and 
usd  by  the  United  States  for  the  purpose  hereinbefore  mentioned,  and  no  longer. 

12925°— 16 27 


416  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

It  being  represented  that  the  United  States  «nay  desire  to  acquire  the  property 
herein  referred  to  at  once,  an  emergency  is  declared  to  exist  and  this  act  shall  be 
in  force  from  its  passage. 

CITY  POINT  NATIONAL  CEMETERY. 

This  reservation  is  situated  on  the  south  bank  of  the  Appomattox 
River  at  City  Point,  in  Prince  George  County,  and  contains  an  area  of 
7.49  acres. 

Title. — 1.  Decree  of  condemnation  for  7.34  acres  and  0.85  acre  in 
roadway,  in  cause  wherein  Edward  Comer  was  plaintiff  and  the 
United  States  defendant,  in  the  District  Court  of  the  United  States 
for  the  District  of  Virginia.  Rendered  January  16,  1868,  and  filed 
with  the  record  in  said  cause  in  the  clerk's  office  of  said  court  at 
Richmond. 

2.  Deed  from  Edward  Comer,  dated  January  23,  1868.  conveying 
the  lands  embraced  in  decree  of  condemnation  marked  No.  1,  supra. 
Recorded  in  the  clerk's  office  of  Prince  George  County. 

3.  Deed  from  Charles  Comer,  dated  December  21,  1872,  conveying 
a  strip  of  land  to  build  wall  around  cemetery.     Deed  recorded  in 
volume  29,  page  575,  of  same  records. 

Revocable  license. — December  10,  1915,  to  E.  I.  Du  Pont  De  Ne- 
mours &  Co.,  to  lay  a  6-inch  water  pipe  under  the  Government 
roadway. 

Jurisdiction. — See  "  General  act  of  cession." 

COLD  HARBOR  NATIONAL  CEMETERY. 

This  reservation  is  situated  at  Cold  Harbor,  about  9  miles  north- 
east from  Richmond,  in  Hanover  County,  and  contains  an  area  of 
1.75  acres. 

Title. — 1.  Decree  of  condemnation  for  above  property  in  cause 
No.  4,  in  the  matter  of  the  petition  of  E.  S.  Talley,  guardian  of 
Indiana  H.  Slaughter,  in  the  United  States  district  court,  district  of 
Virginia.  Rendered  June  22,  1870,  and  filed  with  the  record  in  said 
cause  in  the  clerk's  office  of  said  court. 

2.  Deed  from  E.  S.  Talley,  special  commissioner,  etc.,  dated  April 
21,  1869,  conveying  land  in  accordance  with  above  decree.    Recorded 
in  book  No.  4,  page  514,  of  the  deed  records  of  Hanover  County. 

3.  Deed  from  Miles  Garthwright  et  al.,  dated  October  8,  1871,  con- 
veying a  strip  of  land  around  cemetery  for  a  wall.    Recorded  Decem- 
ber 30,  1872,  in  same  records. 

Jurisdiction. — Ceded  to  the  United  States  over  that  strip  of  land 
described  in  a  deed  from  Miles  Garthwright  et  al.,  marked  No.  3, 
supra,  by  an  act  of  the  State  legislature,  approved  March  7,  1873. 
The  entire  act,  as  it  relates  also  to  another  cemetery,  is  set  out  in 
full  as  follows : 

Whereas  it  is  represented  by  Theo.  J.  Eckerson,  Captain  and  Assistant 
Quartermaster,  that  he  is  instructed  by  the  Quartermaster-General  of  the 
United  States  Army  to  apply  to  this  general  assembly  for  its  consent  to  the 
purchase  by  the  authorities  of  the  United  States  of  two  tracts  of  land,  now 
occupied  as  Military  Cemeteries,  and  that  according  to  his  description  of  said 
tracts  of  land,  they  are  laid  down  and  bounded  as  follows : 

First.  A  certain  lot  or  parcel  of  land  situate,  lying,  and  being  in  the  County 
of  Henrico  and  State  of  Virginia,  containing  One  and  forty-four  one-thou- 


VIRGINIA.  417 

sandth  acres,  and  being  the  tract  conveyed  to  the  United  States  by  Mattie  E. 
Cox  and  Francis  E.  Cox,  by  deed  dated  May  fourteenth,  eighteen  hundred  and 
seventy-two,  and  bounded  as  follows,  to  wit:  On  the  north  by  land  formerly 
owned  by  Alpheus  W.  Childrey  and  conveyed  by  him  to  the  United  States  for 
a  national  cemetery ;  on  the  east  by  the  Varina  road ;  on  the  south  by  property 
belonging  to  the  said  Mattie  E.  and  Francis  E.  Cox,  and  on  the  west  by  land 
belonging  to  the  said  Mattie  E.  and  Francis  E.  Cox  and  Alpheus  W.  Childrey. 

Second.  A  certain  lot  ®r  parcel  of  land  lying  and  being  in  the  township  of 
Henry,  County  of  Hanover  and  State  of  Virginia,  containing  three-fourths  of 
an  acre,  more  or  less,  and  being  the  tract  conveyed  to  the  United  States  by 
Miles  Garthwright  and  Margaret,  his  wife,  and  Gustavus  Lange,  by  deed  dated 
the  seventh  day  of  October,  eighteen  hundred  and  seventy-one,  and  being  a 
strip  of  land  five  feet  wide,  immediately  adjoining  and  extending  around  three 
sides  of  the  Cold  Harbor  National  Cemetery,  to  wit,  the  north,  east  and  west 
sides  of  said  Cemetery  :  Therefore, 

1.  Be  it  enacted  by  the  General  Assembly  of  Virginia,  That  the  consent  of 
this  State  is  hereby  given  to  the  purchase  of  said  lands  by  the  Government  of 
the  United  States  of  America,  to  be  occupied  and  used  as  a  national  cemetery, 
and  for  this  purpose  only.  But  this  consent  is  given  subject  to  the  following 
terms  and  conditions,  to  wit : 

First.  That  this  State  retains  concurrent  jurisdiction  with  the  United  States 
over  the  said  tracts  of  land,  so  that  courts,  magistrates,  and  officers  of  the  State 
may  take  such  cognizance,  execute  such  process,  and  discharge  such  other 
legal  functions  within  the  same  as  may  not  be  incompatible  with  the  consent 
hereby  given. 

Second.  That  if  the  purposes  of  these  grants  should  cease,  or  there  should 
be,  for  five  years  consecutively,  a  failure  on  the  part  of  the  United  States  to 
use  said  places,  or  either  of  them,  for  said  purpose,  then  the  jurisdiction  hereby 
ceded  shall  cease  and  determine  as  to  the  place  so  failing  to  be  used,  and  the 
same  shall  revert  to  the  Commonwealth  of  Virginia.  The  said  tracts  of  land, 
and  the  buildings  that  may  be  erected  thereon,  for  the  purpose  aforesaid,  and 
any  property  of  the  United  States  for  said  purposes  on  said  tracts,  are  hereby 
exempted  from  all  taxes  imposed  by  this  State,  or  by  the  constituted  authorities 
of  the  counties  of  Henrico  or  Hanover,  but  this  exemption  shall  continue  only 
so  long  as  the  United  States  shall  be  and  remain  the  owner  of  said  military 
cemeteries.  (See  Code  of  Va.,  1904,  sec.  15.) 

See  also  "  General  act  of  cession." 

CRANEY  ISLAND. 

This  reservation  is  situated  near  Norfolk,  in  Norfolk  County,  and 
is  bounded  by  the  waters  of  Elizabeth  River,  Craney  Island  Creek, 
Thoroughfare  Creek,  and  James  River.  It  contains  an  area  of  32.5 
acres  and  includes  the  whole  island. 

Title.— Deed  from  George  D.  Wise  et  al.,  dated  May  5,  1817,  con- 
veying the  entire  island.  Recorded  August  11,  1817,  in  the  Norfolk 
County  court  clerk's  office. 

By  order  of  the  Secretary  of  War,  dated  October  12,  1874.  the 
northwestern  third  was  transferred  to  the  Navy  Department  for 
erection  of  a  magazine,  with  privilege  to  construct  a  landing  at  the 
southeastern  end  of  the  island  and  right  of  way  over  the  island  to 
the  magazine  at  the  northwestern  end. 

On  June  2,  1899,  the  Navy  Department  transferred  its  interests  in 
the  island  to  the  Treasury  Department,  to  be  used  by  the  Marine  Hos- 
pital Service  for  quarantine  purposes,  with  the  understanding  that 
the  State  and  county  authorities  should  be  allowed,  under  the  super- 
vision of  the  Marine  Hospital  Service,  to  there  isolate  patients 
affected  with  contagious  and  infectious  diseases.  On  May  16,  1906, 
the  Treasury  Department  relinquished  all  claim  to  any  occupation  or 


418  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

control  over  the  island  and  withdrew  therefrom,  leaving  it  in  posses- 
sion of  the  local  health  authorities. 
Jurisdiction. — See  "  General  act  of  cession." 

CULPEPER  NATIONAL  CEMETERY. 

This  reservation  is  situated  at  Culpeper,  in  Culpeper  County,  and 
contains  an  area  of  6  acres. 

Title. — 1.  Decree  of  condemnation  for  6  acre.s  of  land  in  the  matter 
of  Edward  B.  Hill,  v.  United  States,  in  the  United  States  district 
court  for  the  district  of  Virginia.  Rendered  April  27, 1867,  and  filed 
with  the  record  in  said  cause  in  the  clerk's  office  of  said  court. 

2.  Deed  from  John  M.  Leavell  and  wife  and  William  T.  Leavell, 
trustees,  etc.,  dated  October  3,  1890,  conveying  2,830  square  feet  of 
land  for  right  of  way  and  approach  to  cemetery.    Recorded  in  book 
24,  page  129,  of  the  deed  records  of  Culpeper  County. 

3.  Deed  from  Carter  A.  Saunders  and  wife,  dated  November  11, 
1890,  conveying  16,260  square  feet  of  knd  for  roadway  and  approach 
to  cemetery.    Recorded  in  book  24,  page  130,  of  same  records. 

4.  Deed  from  the  board  of  trustees  of  the  Catalpa  School  district, 
dated  November  20,  1890,  conveying  5,660  square  feet  of  land  for 
right  of  way  and  approach  to  cemetery.    Recorded  in  book  24,  page 
128,  of  same  records. 

Revocable  license. — April  10,  1914,  to  the  Culpeper  Silk  Mills 
Cine.),  to  construct  a  crossing  and  cinder  path  on  south  side  of  the 
Government  approach  roadway. 

Jurisdiction. — See  "  General  act  of  cession." 

DANVILLE    NATIONAL    rr.MKTKRY. 

This  reservation  is  situated  at  Danville,  in  Pittsylvania  County, 
and  contains  an  area  of  3.50  acres. 

Title.— I.  Deed  from  the  town  of  Danville,  dated  July  19,  1873, 
conveying  about  2.7  acres.  Recorded  July  19,  1873,  in  the  record  of 
deeds  at  Danville.  The  foregoing  deed  was  authorized  by  the  com- 
mon council  of  Danville  May  6,  1873.  as  per  minutes  of  proceedings 
of  said  council  of  said  date  in  the  clerk's  office. 

2.  Deed  from  Thomas  D.  Stokes,  executor,  etc.,  dated  July  19, 
1873,  conveying  four-fifths  of  an  acre  of  land.  Recorded  July  19, 
1873,  in  same  records. 

Jurisdiction. — Ceded  to  the  United  States  by  an  act  of  the  State 
legislature  approved  April  22,  1874,  which  act  is  as  follows : 

Whereas  it  is  represented  by  Theo.  J.  Eckerson,  Captain  and  Assistant  Quar- 
termaster, that  he  is  instructed  by  the  Quartermaster-General  of  the  United 
States  to  apply  to  this  general  assembly  to  relinquish  its  jurisdiction  over  the 
parcels  of  land  constituting  the  national  cemeteries  at  Glendale,  in  the  County 
of  Henrico,  and  at  the  town  of  Danville,  the  United  States  having  purchased 
the  same ;  and  according  to  his  description  of  said  tracts  of  land,  they  are  laid 
out  and  bounded  as  follows: 

First.  That  certain  piece  or  parcel  of  land  deeded  to  the  United  States  Sep- 
tember fifteenth,  eighteen  hundred  and  seventy-three,  by  R.  Heber  Nelson, 
Sally  B.  Nelson,  Ethelinde  Nelson,  and  Luciel  Nelson,  for  national  cemeteries, 
situated  in  the  township  of  Varina,  in  the  County  of  Henrico,  bounded  and 
described  as  beginning  at  a  point  three  feet  south  of  the  westerly  prolongation 
of  the  present  southerly  boundary  line  of  the  Glendale  National  Cemetery,  and 
three  feet  west  of  the  southerly  prolongation  of  the  present  westerly  boundary 


VIRGINIA.  419 

line  of  said  cemetery,  running  thence  south  eighty  degrees  east,  and  on  a  line 
parallel  with  the  present  southerly  line  of  said  cemetery  and  three  feet  there- 
from, three  hundred  and  six  feet  and  three  inches ;  thence  north  eleven  degrees 
east,  parallel  with  the  present  easterly  boundary  line  of  said  cemetery  and 
three  feet  distant  therefrom,  two  hundred  and  eighty-four  feet  and  six  inches ; 
thence  north  seventy-nine  degrees  west,  parallel  with  the  present  northerly 
boundary  line  of  said  cemetery  and  three  feet  therefrom,  three  hundred  and 
four  feet  and  one  inch ;  thence  southerly  three  feet,  and  parallel  with  tke  north- 
erly prolongation  of  the  present  westerly  boundary  line  of  said  cemetery  and 
three  feet  therefrom ;  thence  easterly  three  feet  to  the  present  northwesterly 
corner  of  said  cemetery,  and  continuing  easterly  therefrom  on  the  present 
northerly  boundary  line  of  said  cemetery  to  the  present  northeasterly  corner 
tlireof ;  thence  southerly  on  the  present  easterly  boundary  line  of  said  cemetery 
to  the  southeasterly  corner  thereof;  thence  westerly  and  on  the  present  south- 
erly boundary  line  of  said  cemetery  to  a  point  three  feet  beyond  and  west  of 
the  present  westerly  boundary  line  thereof;  thence  southerly  thjee  feet  to  the 
place  of  beginning. 

Second.  All  that  certain  lot  or  parcel  of  land  situated  in  the  town  of  Danville, 
and  deeded  to  the  United  States  July  nineteenth,  eighteen  hundred  and  seventy- 
three,  by  Thomas  D.  Stokes,  Executor  of  N.  T.  Green,  deceased,  for  a  national 
cemetery,  bounded  and  described  as  beginning  at  a  stone  at  corner  of  Lee  street 
and  the  road  leading  to  the  freedman's  cemetery ;  thence  south,  twelve  degrees 
thirty  minutes  east,  two  hundred  and  seventy -five  feet  to  a  rock ;  thence  south 
seventy-six  degrees  west,  seventy-three  feet  to  a  stone ;  thence  north,  thirty-five 
degrees  west,  two  hundred  and  eighty-five  feet  to  a  stone  on  Lee  street ;  thence 
north,  seventy-six  degrees  east,  along  the  line  of  Lee  street,  one  hundred  and 
eighty  feet  to  the  beginning. 

Third.  All  that  certain  lot  or  parcel  of  land  situated  in  said  town  of  Danville, 
and  deeded  to  the  United  States  July  nineteenth,  eighteen  hundred  and  seventy- 
three,  for  a  national  cemetery,  by  the  town  of  Danville,  acting  by  George  C. 
Ayres,  president  of  the  council  of  said  town,  bounded  and  described  as  beginning 
on  Lee  street  at  the  northeast  corner  of  Greenhill  cemetery;  thence  north- 
seventy-six  degrees  east,  along  said  street  four  hundred  and  twenty-nine  feet 
to  a  stone;  thence  south,  thirty-five  degrees  east,  two  hundred  and  eighty-five 
feet  to  a  stone;  thence  south,  seventy-six  degrees  west,  four  hundred  and 
twenty-nine  feet  to  a  stone  in  boundary  line  of  Greenhill  cemetery  aforesaid ; 
thence  north,  thirty-five  degrees  west,  two  hundred  and  eighty-five  feet  to  the 
beginning :  therefore, 

1.  Be  it  enacted  by  the  General  Assembly,  That  the  consent  of  this  State  is 
hereby  given  to  the  purchase  of  said  lands  by  the  Government  of  the  United 
States  of  America,  each  to  be  occupied  and  used  as  a  national  military  cemetery, 
and  for  this  purpose  only.    But  this  consent  is  given  subject  to  the  following 
terms  and  conditions,  to  wit : 

First.  That  this  State  retains  concurrent  jurisdiction  with  the  United  States 
over  the  said  tracts  of  land,  so  that  courts,  magistrates  and  officers  of  this 
State  may  take  such  cognizance,  execute  such  process,  and  discharge  such 
other  legal  functions  within  the  same  as  may  not  be  incompatible  with  the 
consent  hereby  given. 

Second.  That  if  the  purposes  of  these  grants  should  cease,  or  there  should 
be  for  five  years  consecutively  a  failure  on  the  part  of  the  United  States  to  use 
said  places,  or  either  of  them,  for  said  purposes,  then  the  jurisdiction  hereby 
ceded  shall  cease  and  determine  as  to  the  place  so  failing  to  be  used,  and  the 
same  shall  revert  to  the  Commonwealth  of  Virginia. 

2.  The  act  shall  take  effect  from  its  passage.     (See  Code  of  Va.,  1904,  sec.  15.) 

See  also  "  General  act  of  cession." 

FERRY  POINT. 

This  reservation  is  situated  on  a  point  called  Ferry  Point,  on  the 
Elizabeth  River,  in  Norfolk  County,  and  contains  an  area  of  136 
square  poles  and  50  links  of  land. 

Title. — Deed  from  William  Thompson  and  wife,  dated  September 
1,  1808,  conveying  the  above  property.  Recorded  in  record  book  of 
deeds,  page  173,  October  17,  1808,  in  Norfolk,  county  of  Norfolk. 

Jurisdiction. — See  "  General  act  of  cession." 


420  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

FREDERICKSBURG  NATIONAL  CEMETERY. 

This  reservation  is  situated  at  Fredericksburg,  in  Spotsylvania 
County,  and  contains  an  area  of  12.005  acres. 

Title. — Deed  from  Douglas  H.  Gordon  and  wife,  dated  November 
5,  1868,  conveying  the  above  tract.  Recorded  in  the  clerk's  office  of 
the  corporation  court  of  Fredericksburg,  April  21,  1869. 

Revocable  license. — November  4,  1907,  to  the  Spotsylvania  Tele- 
phone Co.,  and  November  7,  1907,  to  the  Orange  Telephone  Co.,  for 
maintenance  of  telephone  poles  on  Government  road. 

Jurisdiction. — As  to  cemetery,  see  "  General  act  of  cession."  As 
to  Government  road  leading  to  the  cemetery,  see  act  of  State  legis- 
lature, approved  March  3,  1884,  which  provides  as  follows : 

Whereas  it  is  represented  to  the  general  assembly  that  a  bill  is  now  pending 
in  the  Congress  of  the  United  States,  authorizing  the  latter  to  open,  occupy, 
and  improve  and  maintain  a  suitable  and  convenient  road  from  the  City  of 
Fredericksburg  to  the  National  Cemetery  near  said  City  : 

1.  Be  it  enacted,  etc..  That  the  consent  of  this  State  be  and  is  hereby  given 
to  the  purchase  by   the  United   States  of  such    real    estate   in   said   City  and 
County  as  may  be  necessary   and  convenient  for  said   purposes,   and   to  the 
occupation,  improvement  and  use  by  the  United  States  of  any  existing  streets 
in  said  town,  or  public  roads  in  said  County,  as  may  be  needful  and  suitable 
for  said  purpose;   and  when   the  said   real   estate  shall    have  been   purchased 
and  the  said  streets  or  roads  shall  have  been  so  occupied,  used  and  improved 
for  said  purpose,  jurisdiction  is  hereby  ceded  to  the  Government  of  the  United 
States,  so  that  Congress  and  the  lawful  authorities  of  the  federal  government 
shall   have   all   lawful   power   and   control    over    the   same:  }>rori<lc<l,    limrerer, 
that  the  consent  herein  given  shall  not  extend  to  the  purchase  or  acquisition 
of  more  than  ten  acres  of  land  for  said  purpose:  and  itroridetl  further,  that 
the  State  retain  concurrent  jurisdiction  over  said  real  estate  and  said  improved 
road  to  said  cemetery  in  all  matters  relating  to  the  violation  of  the  laws  of  this 
State,  and  of  the  ordinances  of  said  city,  to  the  execution  and  service  of  all 
processes  issued  by  or  from  the  courts  of  the  State  and  its  magistrates  or  other 
officers,  in  pursuance  of  law,  and  in  all  other  matters  not  incompatible  with  the 
consent  herein  given,  and  the  rightful  authority  of  the  United  States  thereby 
acquired  and  to  be  acquired  under  this  act. 

2.  The  said  real  estate  and  said  improved  road  are  hereby  exempted  from  all 
taxes  imposed  or  to  be  imposed  by  this  State  and  constituted  authorities  of  :^iid 
city  and  county,  so  long  as  the  same  shall  be  held,  maintained  and  used  by  the 
federal  government  for  the  purposes  hereinbefore  mentioned,  and  no  longer. 
(See  Virginia  Code,  1904,  sec.  15.) 

See  also  "  General  act  of  cession." 

FRONT   ROYAL   REMOUNT    DEPOT. 

This  reservation  is  situated  about  2  miles  in  a  southeasterly  direc- 
tion from  the  town  of  Front  Royal,  in  Warren  County,  and  contains 
5,062.16  acres.  It  was  acquired  under  the  authority  of  act  of  Con- 
gress dated  March  3,  1911  (36  Stat,  1049). 

Title. — 1.  Deed  from  Thomas  A.  Ashby  and  wife,  dated  June  12, 
1911,  conveying  669  acres.  Recorded  in 'book  14,  pages  336-337,  of 
the  deed  records  of  Warren  County. 

2.  Deed  from  Hester  Maddox  (widow)  et  al.,  dated  July  26,  1911, 
conveying  256  acres.     Recorded  in  book  15,  pages  10-11,  of  same 
records. 

3.  Deed  from  Franklin  L.  Willingham  and  wife,  dated  July  26, 
1911,  conveying  1  acre,  more  or  less.    Recorded  in  book  14,  page  372, 
of  same  records. 


VIRGINIA.  421 

4.  Deed   from  Charles  E.   Barbee    (unmarried),   dated  July  27, 
1911,  conveying  166.475  acres.    Recorded  in  book  14,  pages  345-346, 
of  same  records. 

5.  Deed  from  Augustine  King  and  wife,  dated  July  27,  1911,  con- 
veying 123.775  acres.    Recorded  in  book  15,  page  2,  of  same  records. 

6.  Deed  from  Robert  H.  Jackson  and  wife,  dated  July  27,  1911, 
conveying  70.25   acres.     Recorded  in  book  14,  page  370,  of  same 
records. 

7.  Deed  from  Henry  H.  Downing  and  wife,  dated  July  27,  1911, 
conveying  2.25  acres.    Recorded  in  book  15,  page  356,  of  same  rec- 
ords. 

8.  Deed  from  Wesley  Kuser  and  wife,  dated  July  27,  1911,  convey- 
ing 5.375  acres.    Recorded  in  book  15,  page  8  of  same  records. 

9.  Deed  from  M.  C.  Richardson  and  wife,  dated  July  27,  1911, 
conveying  136.56  acres.    Recorded  in  book  14,  pages  353-354,  of  same 
records. 

10.  Deed  from  Lucinda  Hockman  et  al.,  dated  July  28,  1911,  con- 
veying 9.6  acres.    Recorded  in  book  15,  page  147,  of  same  records. 

11.  Deed  from  Byrd  Fletcher  (unmarried),  dated  July  29,  1911, 
conveying  43.6  acres.     Recorded  in  book  15,  pages  61-62  of  same 
records. 

12.  Deed  from  H.  H.  Downing,  trustee,  et  al.,  dated  July  29,  1911, 
conveying  466.61  acres.    Recorded  in  book  15,  pages  92-94,  of  same 
records. 

13.  Deed  from  James  A.  Grubbs  and  wife,  dated  August  1,  1911, 
conveying  201.98  acres.    Recorded  in  book  15,  pages  11-13,  of  same 
records. 

14.  Deed  from  Robert  L.  Leach  and  wife  et  al.,  dated  August  7, 
1911,  conveying  282.76  acres.    Recorded  in  book  15,  page  9,  of  same 
records. 

15.  Deed  from  Carroll  W.  Morrison  and  wife,  dated  August  9, 
1911,  conveying  221.57  acres.    Recorded  in  book  15,  pages  32-33,  of 
same  records. 

16.  Deed  from  William  E.  Lake  and  wife,  dated  August  10,  1911, 
conveying  246.4  acres.    Recorded  in  book  14,  pages  396-397,  of  same 
records. 

17.  Deed  from  John  N.  Maddox,  trustee,  dated  August  10,  1911, 
conveying  86.09  acres.     Recorded  in  book  15,  page  148,  of  same 
records. 

18.  Deed  from  H.  H.  Downing  and  wife  and  M.  C.  Richardson 
and  wife,  dated  September  21, 1911,  conveying  232.5  acres.    Recorded 
in  book  14,  pages  397-398,  of  same  records. 

19.  Deed  from  H.  Dilger,  jr.,  et  al.,  dated  September  23,  1911,  con- 
veying 522.69  acres.     Recorded  in  book  15,  pages  174-176,  of  same 
records. 

20.  Deed  from  Susan  Bierer    (widow),  dated  October  13,  1911, 
conveying  356.4  acres.     Recorded  in  book  15,  pages  38-39,  of  same 
records. 

21.  Deed  from  Byrd  Rutherford  (unmarried),  dated  October  24, 
1911,  conveying  21.49  acres.     Recorded  in  book  15,  pages  67-68,  of 
same  records. 

22.  Deed  from  George  H.  Butler  (unmarried),  dated  December  4, 
1911,  conveying  5.4  acres.    Recorded  in  book  15,  pages  96-97,  of  same 
records. 


422  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

23.  Deed  from  Lee  H.  Weekly  and  wife,  dated  December  14,  1911, 
conveying  34.22  acres.     Recorded  in  book  15,  page  346,  of  same 
records. 

24.  Deed  from  Annie  R.  Riordan,  special  commissioner,  et  al., 
dated  January  1,  1912,  conveying  176.75  acres.    Recorded  in  book  15, 
page  164,  of  same  records. 

25.  Deed  from  Charles  L.  Melton  and  wife,  dated  March  30,  1912, 
conveying  5.024  acres.     Recorded  in  book  15,  page  381,  of  same 
records. 

26.  Deed  from  C.  R.  Gore  and  wife,  dated  April  22,  1912,  con- 
veying 112  acres.    Recorded  in  book  15,  pages  334-335,  of  same  rec- 
ords. 

27.  Deed  from  A.  L.  Warthen  and  wife,  dated  May  4,  1912,  con- 
veying right  of  way.    Recorded  in  book  15,  page  355,  of  same  records. 

28.  Deed  from  Hercelia  Maddox   (widow)   et  al.,  dated  June  3, 
1912,  conveying  185.4  acres.    Recorded  in  book  15,  page  378,  of  same 
records. 

29.  Deed  from  S.  Byrne  Downing  and  wife,  dated  June  8,  1912, 
conveying  approximately  0.208  acre.    Recorded  in  book  15,  page  380, 
of  same  records. 

30.  Deed  from  Edward  Koozer  (unmarried),  dated  June  20,  1912, 
conveying  0.2  acre.    Recorded  in  book  15,  page  377  of  same  records. 

31.  Decree  in  condemnation,  dated  October  9,  1912,  in  the  United 
States  district  court  for  the  western  district  of  Virginia  in  cause  No. 
2075,  United  States  v.  William  Brown  et  al.,  covering  3.5  acres. 
Recorded  in  office  of  clerk  of  said  court. 

32.  Decree  in  condemnation  in  same  court  under  same  date  in  cause 
No.  2077,  United  States  v.  S.  E.  Macatee  et  al.,  covering  215  acres. 
Recorded  in  same  records. 

33.  Decree  in  condemnation  in  same  court  under  same  date  in  cause 
No.  2078,  United  States  v.  Lucretia  Thompson  et  al.,  covering  19.21 
acres.    Recorded  in  same  records. 

34.  Decree  in  condemnation  in  same  court  under  same  date  in  cause 
No.  2079,  United  States  v.  Carrie  P.  Kuser  et  al.,  covering  9.36  acres. 
Recorded  in  same  records. 

35.  Decree  in  condemnation  in  same  court  under  same  date  in  cause 
No.  2081,  United  States  v.  Ella  S.  Kenny  et  al.,  covering  5.06  acres. 
Recorded  in  same  records. 

36.  Decree  in  condemnation  in  same  court  under  same  date  in  cause 
No.  2082,  United  States  v.  Newton  Barrett  et  al.,  covering  6.64  acres. 
Recorded  in  same  records. 

37.  Decree  in  condemnation  in  same  court  under  same  date  in  cause 
No.  2083,  United  States  v.  Martha  Pomeroy  et  al.,  covering  3.04  acres. 
Recorded  in  same  records. 

38.  Decree  in  condemnation  in  same  court  under  same  date  in  cause 
No.  2084,  United  States  v.  John  Shipe  et  al.,  covering  1  acre.     Re- 
corded in  same  records. 

39.  Decree  in  condemnation  in  same  court  dated  October  23,  1912, 
in  cause  No.  2097,  United  States  v.  N.  S.  Waller  et  al.,  covering  4.04 
acres.    Recorded  in  same  records. 

40.  Deed  from  George  C.  Jenkins  and  wife,  dated  March  11,  1913, 
conveying  0.7  acre.    Recorded  in  book  18,  page  80  of  the  deed  records 
of  Warren  County. 


VIRGINIA.  423 

41.  Quitclaim  deed  from  E.  H.  Jackson,  trustee,  dated  December 
10,  1914,  to  same  tract.     Recorded  in  book  18,  page  781  of  same 
records. 

42.  Deed  from  C.  W.  Green,  Newton  Garrett,  C.  W.  Baldwin,  and 
James  F.  Fielding,  trustees  of  Emory  M.  E.  Church  South,  dated 
April  25,  1913,  conveying  0.75  acre,  more  or  less.    Recorded  in  book 
18,  page  82  of  same  records. 

43.  Deed  from  Alma  Jackson  and  husband,  dated  May  24,  1915, 
conveying  108.75  acres.     Recorded  in  book  18,  page  341  of  same 
records. 

44.  Deed  from  Lucy  E.  Barbee  (unmarried),  dated  May  24,  1915, 
conveying  85.125  acres.     Recorded  in  book  18,  page  340  of  same 
records. 

Revocable  license. — February  17,  1912,  to  the  Royal  Telephone 
Co.  to  construct  and  maintain  an  overhead  telephone  line  across  the 
reservation. 

Jurisdiction. — See  "  General  act  of  cession." 

GLEN  DALE    NATIONAL    CEMETERY. 

This  reservation  is  situated  at  Glendale,  in  Henrico  County,  and 
contains  an  area  of  2.12  acres. 

Title. — 1.  Deed  from  Lucy  C.  Nelson  et  al.,  dated  June  16,  1869, 
conveying  1.8834  acres  of  land.  Recorded  in  deed  book  86,  page  236, 
of  the  deed  records  in  the  clerk's  office  of  the  Henrico  County  court. 

2.  Deed  from  R.  Heber  Nelson  et  al.,  dated  September  15,  1873, 
conveying  a  tract  by  metes  and  bound.  Recorded  in  deed  book  92, 
page  360,  of  same  records. 

Jurisdiction — Ceded  to  the  United  States  by  an  act  of  the  State 
legislature  approved  April  22,  1874,  for  which  see  act  set  out  under 
title  "  Danville  National  Cemetery." 

See  also  "  General  act  of  cession." 

HAMPTON   NATIONAL  CEMETERY. 

This  reservation  is  situated  at  Hampton,  in  Elizabeth  City  County, 
and  contains  an  area  of  19.611  acres. 

Title. — 1.  Deed  from  George  Whipple  and  wife,  dated  October  21, 
1868,  conveying  4.749  acres.  Recorded  in  the  clerk's  office  of  the 
county  court  of  Elizabeth  City  County  August  11,  1869. 

2.  Decree  of  condemnation  for  6.862  acres  of  land  in  a  certain 
cause  wherein  the  United  States  was  plaintiff  and  William  E.  Woods 
defendant,  in  the  district  court  of  the  United  States  for  the  district 
of  Virginia.    Rendered  March  23,  1870,  and  filed  with  the  record  in 
said  cause  in  the  clerk's  office  of  said  district  court. 

3.  Deed  from  James  A.  Watkins  and  wife,  dated  July  25,  1891, 
conveying  2.93   acres.     Recorded  March  23,  1892,  in  said  county 
records. 

4.  Deed  from  the  trustees  of  the  Hampton  Normal  and  Agricul- 
tural Institute,  dated  July  25,  1891,  conveying  5.07  acres.    Recorded 
March  23,  1892,  in  said  county  records.    The  United  States  already 
owned  the  right  of  way  over  the  road  to  the  cemetery,  the  Hampton, 
etc.,  Institute  holding  subject  to  the  right  of  way  of  the  United 


424  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

States,  therefore  action  by  the  board  of  supervisors  of  the  county 
was  unnecessary,  although  provided  for  by  an  act  of  the  State  legis- 
lature approved  February  21,  1894. 

Jurisdiction. — Ceded  to  the  United  States  over  the  lands  embraced 
within  the  limits  of  the  cemetery,  by  act  of  State  legislature  approved 
March  31,  1875,  which  provides  as  follows : 

Whereas  it  is  represented  to  the  general  assembly,  by  officers  of  the  United 
States  Army,  having  authority  in  such  matters,  that  they  are  instructed  to 
apply  to  this  general  assembly  for  the  consent  to  the  purchase  by  the  United 
States  of  two  certain  parcels  of  land,  at  or  near  Hampton,  Virginia,  now  used 
as  a  military  cemetery,  the  boundaries  of  which  are  stated  to  be  as  follows  : 

First.  A  parcel  of  land  purchased  by  the  United  States  from  George  Whipple, 
and  bounded  as  follows:  [Here  describes  land  set  out  in  deed  from  George 
Whipple,  marked  No.  1,  supra.] 

Second.  The  parcel  of  land  purchased  from  W.  E.  Woods  and  bounded  as 
follows :  [Here  describes  land  condemned  as  property  of  William  E.  Woods,  as 
set  out  in  condemnation  proceedings,  marked  No.  2,  supra.] 

And  whereas  it  is  further  represented  by  said  officers,  that  they  are  further 
instructed  to  apply  for  the  consent  of  this  general  assembly  to  the  purchase  by 
the  United  States  of  a  certain  parcel  of  land  lying  within  the  corporate  limits 
of  the  town  of  Winchester,  in  this  State,  now  occupied  as  a  military  cemetery 
by  the  United  States,  being  t4ie  land  purchased  by  the  United  States  from  Jacob 
Baker,  and  bounded  as  follows:  [Here  describes  land  by  metes  and  bounds] 
11  nd  containing  nearly  five  acres. 

1.  Be  it  enacted,  etc.,  That  the  consent  of  this  State  is  hereby  given  to  the 
purchase  of  said  lands  from  the  owners  thereof  by  the  government  of  the 
United  States  of  America,  or  its  authorized  agents  and  officers,  to  be  occupied 
nnd  used  as  national  military  cemeteries,  and  for  this  purpose  only.     But  this 
consent  is  given  subject  to  the  following  .terms  and  conditions,  to  wit: 

First.  That  this  State  retains  concurrent  jurisdiction  with  the  United  States 
over  the  said  places,  so  that  courts,  magistrates  and  ollicers  of  this  State  may 
take  such  cognizance,  execute  such  process,  and  discharge  such  other  legal 
functions  within  the  same  as  may  not  be  incompatible  with  the  consent  hereby 
given. 

Second.  That  if  the  purposes  of  this  grant  should  cease,  or  there  should  be, 
for  five  years  consecutively,  a  failure  on  the  part  of  the  United  States  to  use 
said  places,  or  either  of  them,  for  said  purpose,  then  the  jurisdiction  hereby 
ceded  shall  cease  and  determine  as  to  such  place.  Whenever  such  failure  of 
user  shall  occur,  then  the  same  shall  revert  to  the  Commonwealth  of  Virginia. 
The  said  tracts  of  land  and  the  buildings  that  may  be  erected  thereon  for  the 
purpose  aforesaid,  and  any  property  of  the  United  States  thereon  for  said 
purpose,  are  hereby  exempted  from  all  taxes  imposed  by  this  State  or  by  the 
constituted  authorities  of  the  counties  or  towns  wherein  they  lie;  but  this 
exemption  shall  continue  only  so  long  as  the  United  States  shall  be  and 
remain  the  owners  of  said  tracts  of  land. 

2.  This  act  shall  be  in  force  from  its  passage.     (See  Code  of  Va.,  1904,  sec.  15.) 

Ceded  to  the  United  States  over  the  Government  roadway  by  act 
of  State  legislature,  approved  February  21,  1894,  which  provides  as 
follows : 

The  jurisdiction  over  the  said  roadway  is  hereby  ceded  to  the  United  States : 
Provided,  however,  That  the  State  of  Virginia  retains  concurrent  jurisdiction 
with  the  United  States  over  the  same,  so  that  the  courts,  magistrates,  and  offi- 
cers of  this  Commonwealth  may  take  such  cognizance',  execute  such  process, 
and  discharge  such  other  legal  functions  within  the  same  as  may  not  be  incom- 
patible with  the  consent  hereby  given.  (Acts  of  Assembly,  Va.,  1893-4,  p.  386.) 

See  also  "  General  act  of  cession." 

TOUT   HARRISON   NATIONAL   CEMETERY. 

This  reservation  is  situated  about  8  miles  from  the  city  of  Rich- 
mond, in  Henrico  County,  and  contains  an  area  of  1.55  acres. 


VIRGINIA.  425 

Title. — 1.  Deed  from  Alpheus  W.  Childrey  and  wife,  dated  March 
26,  1869,  conveying  0.462  acre  of  land.  Recorded  in  book  86,  page 
71,  of  the  deed  records  of  Henrico  County. 

2.  Deed  from  Mattie  E.  Cox  and  husband,  dated  May  14,  1872, 
conveying  1.044  acres  of  land.     Recorded  in  book  91,  page  42,  of 
same  records. 

3.  Deed  from  Alpheus  W.  Childrey,  dated  June  28,  1873",  convey- 
ing a  strip  of  land  therein  described.     Recorded  in  book  92,  page  635, 
of  same  records. 

Jurisdiction. — Ceded  to  the  United  States  by  an  act  of  the  State 
legislature  approved  March  7,  1873,  for  which  act  see  under  title 
"  Cold  Harbor  National  Cemetery." 

See  also  "  General  act  of  cession." 

HOODS  (FORT  AT). 

This  reservation  is  situated  on  the  south  bank  of  the  James  River 
between  Wards  Creek  and  Flo\ver  de  Hundred  Creek,  in  Prince 
George  County,  and  contains  an  area  of  10  acres. 

Title.— I.  Deed  from  Sarah  Peter  et  al.,  dated  April  25,  1808.  con- 
veying 10  acres.  Recorded  in  the  clerk's  office  of  the  district  court 
at  Petersburg,  April  26,  1808,  by  order  of  the  court.  (See  book  of 
deeds,  vol.  1,  p.  136.) 

2.  Deed  from  James  Henderson  et  al.,  dated  October  16,  1812,  con- 
veying a  plot  30  feet  square,  heretofore  reserved  as  a  family  burial 
ground.  Recorded  in  the  clerk's  office  of  the  quarter  sessions  court. 
(See  book  of  deeds,  vol.  1,  p.  286.) 

FORT  HUNT    (SHERIDANS  POINT). 

This  reservation  is  situated  on  the  Potomac  River  at  Sheridans 
Point,  in  Fairfax  County.  It  contains  an  area  of  197.413  acres,  with 
metes  and  bounds  as  given  in  G.  O.  115,  W.  D.,  May  27,  1907. 

Title. — 1.  Decree  of  condemnation  for  90  acres  2  roods  and  2 
perches  in  a  cause  entitled  "  In  the  matter  of  the  acquisition  by  the 
United  States  of  America  of  certain  lands  in  Fairfax  County,  Vir- 

finia,  for  the  site,  location,  construction,  and  prosecution  of  works 
or  fortifications  and  coast  defenses,"  in  the  Circuit  Court  of  the 
United  States  for  the  Eastern  District  of  Virginia.  Rendered  June 
10,  1893;  amended  and  made  final  July  6,  1893.  Filed  with  the  rec- 
ord in  said  cause  in  the  clerk's  office  of  said  court  and  recorded  in  the 
minutes  thereof. 

2.  Decree  of  condemnation  for  105  acres  1  rood  and  3  perches  in  a 
cause  entitled  "  The  United  States  v.  John  Miller,"  in  the  District 
Court  of  the  United  States  for  the  Eastern  District  of  Virginia. 
Rendered  July  7,  1903,  and  filed  in  the  clerk's  office  of  Fairfax 
County  court. 

3.  Deed  of  F.  G.  Percival  et  al.,  dated  June  1, 1906,  conveying  right 
of  way  to  county  road.     Recorded  in  liber  U  No.  6,  page  342,  et  seq., 
in  clerk's  office  of  Fairfax  circuit  court. 

4.  Deed  from  John  Miller  and  wife,  dated  October  11,  1906,  con- 
veying 1.633  acres.    Recorded  in  liber  V,  No.  6,  page  162,  et  seq.,  of 
same  records. 


426  UNITED   STATES    MILITARY   RESERVATIONS,  ETC. 

Revocable  license. — April  29,  1910,  to  Alexandria  Electric  Co.  to 
construct,  operate,  and  maintain  an  electric  pole  line  on  the  ner- 
vation. 

Jurisdiction. — Ceded  to  the  United  States  by  an  act  of  the  State 
legislature  approved  February  29,  1892,  which  act  is  as  follows : 

Whereas  it  has  been  represented  to  the  general  assembly  of  Virginia  that  the 
United  States  desires  to  acquire  title  to  a  tract  of  land  at  Sheridan's  Point  on 
the  Potomac  river,  in  the  County  of  Fairfax,  embracing  three  hundred  acres  of 
land,  more  or  less,  for  the  purpose  of  locating,  constructing,  and  prosecuting 
works  for  fortifications  and  coast  defenses ;  therefore, 

1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  That  the  consent  of 
this  Commonwealth  be,  and  is  hereby  given  to  the  acquisition  of  said  title,  and 
when  the  same  shall  have  been  acquired  jurisdiction  is  hereby  ceded  over  tho 
said  tract  of  land  to  the  government  of  the  United  States,  so  that  Congress  and 
the  authorities  of  the  federal  government  shall  have  all  lawful  power  and 
control  over  the  same,  as  is  specified  in  the  seventeenth  clause  of  eighth  section 
of  the  first  article  of  the  Constitution  of  the  United  States. 

2.  This  State  retains  jurisdiction  over  the  said  tract  of  land  in  all  matters 
relating  to  the  violation  of  the  laws  of  the  State,  to  the  execution  and  service 
of  all  processes  issued  by  or  from  the  Court,  magistrates  or  other  officers  of  the 
State  in  pursuance  of  law,  and  in  all  other  matters  not  incompatible  with  the 
consent  herein  given  and  the  rightful  authority  of  the  United  States  to  be 
acquired  under  this  act. 

3.  The  same  land  and  privileges  hereby  ceded,  and  the  fortifications,  build- 
iugs  and  structures  which  may  be  erected  thereon  by  the  TJnited  States  Govern- 
ment are  hereby  exempted  from  all  taxation  so  long  as  the  same  shall  be  held 
and  used  by  the  United  States  for  the  purposes  hereinbefore  mentioned,  and 
no  longer:  provided  that  if  within  the  area  herein  mentioned  any  business  or 
calling  for  which  a  license  tax  is  required  by  the  State  of  Virginia  is  followed 
or  pursued,  the  same  shall  be  liable  to  such  license  taxation:  and  provided 
further,  that  if  any  buildings  be  erected  within  such  area  for  the  purposes  dis- 
connected from  and  not  necessary  to  the  purposes  of  this  act,  siu-h  buildings 
and  all  personal  property  contained  or  used  in  or  in  connection  with  such  build- 
Ings  shall  be  subject  to  taxation  by  the  State  of  Virginia  and  the  County  of 
Fairfax  in  like  manner,  and  at  the  same  rate  as  other  property  in  said  county 
may  be  taxed. 

4.  Should  the  property  herein  granted  be  used  for  any  other  purposes  than 
those  specified  herein  by  the  United  States  Government,  or  under  its  authority, 
then  the  same  shall  be  subject  to  taxation  as  other  property  in  this  State. 

5.  This  act  shall  be  in  force  from  its  passnge.     (Acts  of  Assembly,  Va.,  1891-2, 
p.  724.    See  also  Virginia  Code,  1904,  sec.  15.) 

See  also  "  General  acts  of  cession." 

MIDDLE  GROUNDS,   CHESAPEAKE   BAY. 

This  reservation  is  situated  on  the  "Middle  Grounds"  or  shoal 
area  in  Chesapeake  Bay,  and  comprises  a  rectangular  tract  5,000 
feet  by  4,000  feet,  containing  459.1  acres.  Area  of  proposed  fill  with- 
in tract  acquired,  about  50  acres.  From  the  initial  point  (or  north- 
erly corner)  the  Cape  Charles  Lighthouse  bears  N.  46°  47'  E..  the 
Cape  Henry  Lighthouse  S.  6°  56'  E.,  and  the  Thimble  Shoal  Light- 
house s.  84°  oo;  w.  t 

Title  and  jurisdiction. — Deed  from  the  governor  of  Virginia,  dated 
February  16,  1907,  conveying  the  title  and  interest  of  the  State  to 
the  submerged  area  described  above,  under  act  of  the  State  legisla- 
ture, approved  March  4,  1890  (chap.  214,  acts  of  1889-1890)  ;  sub- 
ject to  all  the  terms  and  conditions  in  said  act  expressed,  which  act 
authorized  the  governor  to  convey  title  and  cede  jurisdiction  over 
lands  at  the  mouth  of  Chesapeake  Bay  for  sites  for  fortifications  for 
the  defense  thereof.  Deed  recorded  in  the  clerk's  office  of  Princess 


VIRGINIA.  427" 

Anne  circuit  court  on  June  4,  1907,  in  deed  book  79,  page  4 ;  and  in 
the  clerk's  office  of  the  circuit  court  of  the  county  of  Northampton 
on  June  5,  1907,  in  deed  book  60,  page  33. 

By  said  act  of  March  4,  1890,  consent  is  given  to  the  purchase  and 
jurisdiction  is  ceded  over  such  tracts  as  may  be  purchased  or  acquired 
for  the  defense  of  the  entrance  into  Chesapeake  Bay,  not  exceeding 
500  acres  for  any  one  point  or  site,  subject  to  the  following  proviso : 

That  the  state  retains  jurisdiction  over  the  same  in  all  matters  relating  to 
the  violation  of  the  laws  of  the  state  to  the  execution  and  service  of  all  proc- 
esses issued  by  or  from  the  courts,  magistrates,  or  other  state  officers  in  pur- 
suance of  law,  and  in  all  other  matters  not  incompatible  with  the  consent 
herein  given  and  the  rightful  authority  of  the  United  States  thereby  acquired 
or  to  be  acquired  under  this  act.  (Chap.  214,  acts  of  1889-1890.) 

FORT    MONROE. 

This  reservation  is  situated  at  Old  Point  Comfort,  in  Elizabeth 
City  County,  commanding  the  entrance  to  Hampton  Roads,  and  con- 
tains an  area  of  about  475.96  acres,  including  the  submerged  land  ac- 
quired in  1908  (No.  7  infra)  and  the  15  acres  known  as  the  Eip  Raps. 

Title. — 1.  Deed  from  the  governor  of  Virginia,  dated  — ,  1838, 
ceding  title  to  and  jurisdiction  over  250  acres  of  land  at  Old  Point 
Comfort  and  15  acres  of  shoal  at  the  Rip  Raps.  Recorded  in  Eliza- 
beth City  County  clerk's  office  December  12,  1838. 

2.  Deed  from  the  Hampton  River  &  Mill  Creek  Toll  Bridge  Co., 
dated  November  15,  1838,  conveying  all  right,  title,  and  interest  to 
a  certain  toll  bridge,  and  abutments  thereof,  across  Mill  Creek,  to- 
gether with  right  of  way  between  said  toll  bridge  and  the  bridge 
across    Hampton    River.    Recorded    November   15,  1838,  in  same 
records. 

3.  Deed  from  Jas.  A.  J.  Bradford  to  Lieut.  Col.  R.  E.  De  Russy, 
for  the  United  States,  dated  February  12,  1841,  conveying  15  acres 
and  32  perches  of  land  known  as  Pumping  Station  Reserve.     Re- 
corded April  8,  1841,  in  same  records. 

4.  Deed  from  Jas.  M.  Gumming  and  wife,  dated  August  18,  1903, 
conveying  certain  lots  in  Chesapeake  district,  aggregating  10.5  acres, 
more  or  less.     Recorded  in  volume  41,  page  452,  of  same  records. 

5.  Decree  of  circuit  court  of  the  United  States,  eastern  district  of 
Virginia,  entered  November  10,  1904,  covering  a  tract  of  1.29  acres 
above  mean  low  water  (0.49  of  an  acre  of  which  is  high  land) ,  known 
as  the  Catholic  Brothers'  Land.     Consideration  paid  to  owner  ("  Old 
Point  Comfort  College  ")  same  date. 

6.  Decree  of  condemnation  of  103.61  acres  above  mean  low  water 
(40.05  acres  of  high  land),  the  property  of  John  R.  McGinness,  in 
the  United  States  circuit  court  for  the  eastern  district  of  Virginia. 
Rendered  November  12,  1906. 

7.  Deed  from  the  governor  of  Virginia,  dated  November  21,  1908, 
conveying  title  and  ceding  jurisdiction  under  State  act  of  March  12, 
1908  (acts  of  assembly,  Virginia,  1908,  chap.  206,  p.  314),  over  two 
tracts    of    submerged    land    adjoining    reservation — 41.20   acres  in 
Hampton  Roads  and  39.16  acres  in  Mill  Creek.     Deed  registered  in 
the  office  of  register  land  office,  book  122,  page  361.     Conveyance 
made  subject  to  rights  of  any  persons  claiming  "  under  any  grant, 


428  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

lease,  or  assignment,  or  under  any  contract  with  the  Commonwealth 
or  her  duly  authorized  representatives." 

Easements. — Act  of  Congress,  approved  July  3, 1884  (23  Stat.,  67), 
granted  permission  to  the  Chesapeake  &  Ohio  Railway  Co.  to  extend 
its  line  upon  the  reservation  and  to  erect  a  station.  Location  ap- 
proved by  the  Secretary  of  War,  February  6,  1889. 

Act  of  Congress,  approved  March  3,  1891  (26  Stat.,  1089),  granted 
permission  to  Hampton  &  Old  Point  Railway  Co.  to  construct  and 
operate  a  street  railway  upon  the  reservation.  Location  approved 
by  Secretary  of  War,  November  14,  1891. 


THE   8HEBWOOD. 


Revocable  licenses. — April  15,  1843,  to  Dr.  Archer  to  erect  a  frame 
building  without  the  walls  of  Fort  Monroe. 

March  21,  1878,  to  Mrs.  S.  F.  Eaton  for  addition  to  the  building 
she  occupies  on  the  reservation.  (House  erected  by  Dr.  Archer.) 
Plans  approved  September  30,  1879. 

February  14,  1890,  to  George  Booker  to  enter  upon  reservation  and 
occupy,  improve,  and  extend  the  building  known  as  the  Eaton  Cot- 
tage. 

March  25,  1895,  to  George  Booker  to  reconstruct  that  portion  of 
the  building  known  as  the  Sherwood  recently  destroyed  by  fire. 

April  19,  1895,  to  George  Booker  to  extend  building  known  as  the 
Sherwood. 

February  3,  1897,  to  George  Booker  to  repair  the  building  known 
as  the  Sherwood,  damaged  by  fire. 

September  29,  1903,  to  M.  Louise  Booker,  administratrix,  etc.,  to 
maintain  and  use  the  building  known  as  the  New  Sherwood. 

April  24, 1914,  to  John  B.  Kimberly  to  maintain  and  use  the  build- 
ing known  as  the  Sherwood  Inn  (formerly  the  New  Sherwood). 


CATHOLIC  CHAPEL. 


June  20,  1860,  to  the  Rt.  Rev.  John  McGill  to  build  a  Catholic 
chapel  on  the  reservation. 

July  10, 1876,  to  P.  J.  Hasty  to  build  residence  for  Roman  Catholic 
priest  upon  the  reservation. 

October  20,  1893,  to  T.  J.  Mercer,  Roman  Catholic  priest,  to  make 
alterations  and  repairs  to  priest's  residence. 


KIMBEBLY   PROPERTIES. 


July  15,  1868  (in  form  of  agreement),  to  William  H.  Kimberly  to 
reerect  a  storehouse  upon  the  reservation,  pursuant  to  authority 
granted  by  joint  resolution  of  Congress,  approved  March  16,  1868 
(15  Stat,  250). 

December  11,  1894,  to  John  B.  Kimberly  to  maintain  and  use  the 
buildings  formerly  occupied  by  William  H.  Kimberly. 

February  27,  1897,  to  John  B.  Kimberly  to  enlarge  the  storeroom 
of  his  building  on  the  reservation. 

(Notice  of  revocation  of  licenses  to  John  B.  Kimberly,  June  7, 1902. 
in  so  far  as  they  authorized  the  occupancy  of  the  ground  occupied 
by  the  front  40  feet  of  the  building,  back  to  line  with  front  of  Cham- 
berlin  Hotel.) 


VIRGINIA.  429 

July  30,  1902,  to  John  B.  Kimberly  to  construct  and  maintain  an 
addition  to  his  building  on  the  reservation. 

October  1,  1902,  to  John  B.  Kimberly  to  add  drug  department  to 
his  stock  of  general  merchandise. 

August  15, 1911,  to  John  B.  Kimberly  to  conduct  a  general  grocery, 
fish,  oyster,  and  ice  business. 

December  14,  1914,  to  John  B.  Kimberly  to  maintain  and  conduct 
an  automobile  garage. 


HOTEL    CHAMBEBLIN. 


May  25,  1887,  to  John  F.  Chamberlin  to  erect  and  maintain  a  notel 
upon  the  reservation,  pursuant  to  authority  granted  by  joint  resolu- 
tion of  Congress,  approved  March  3,  1887  (24  Stat.,  648). 

March  13, 1897,  to  the  Hampton  Koads  Hotel  Co.  to  erect  a  dancing 
and  bathing  pavilion  in  front  of  the  breakwater  of  the  Hotel  Cham- 
berlin. 

February  9,  1898,  to  the  Hampton  Roads  Hotel  Co.  to  establish  and 
conduct  a  drug  store  in  a  room  of  the  Hotel  Chamberlin. 

March  24, 1903,  to  the  Old  Point  Comfort  Improvement  Co.  to  con- 
tinue for  the  Chamberlin  Hotel  the  private  water  system  acquired  by 
that  company  from  the  owners  of  the  Hygeia  Hotel. 

April  14, 1903,  to  the  Old  Point  Comfort  Improvement  Co.  to  main- 
tain and  operate  the  Hotel  Chamberlin  subject  to  conditions  contained 
in  joint  resolution  of  Congress,  approved  March  3,  1887,  and  license 
from  the  Secretary  of  War  to  John  F.  Chamberlin,  dated  May  25, 
1887. 


RAILWAY    COMPANIES. 


January  9,  1900,  to  the  Point  Comfort  Beach  Railway  Co.  to  lay 
and  maintain  an  electric  railway  through  that  portion  of  the  reserva- 
tion lying  north  of  Mill  Creek  which  was  acquired  from  Jas.  A.  J. 
Bradford  by  deed  dated  February  12,  1841. 

November  15,  1895,  to  the  Chesapeake  &  Ohio  Railway  Co.  to  con- 
struct a  freight  depot  on  the  reservation. 

May  13,  1915,  to  the  Newport  News  &  Hampton  Railway,  Gas  & 
Electric  Co.  to  maintain  and  operate  an  electric  railway  on  the  exist- 
ing trestles,  tracks,  and  switches  and  to  maintain  pole  line  along  said 
tracks. 

June  22,  1915,  to  the  Newport  News  &  Hampton  Railway,  Gas  & 
Electric  Co.  to  erect  poles  along  its  bridge,  tracks,  and  trestles  on 
reservation  and  to  place  wires  thereon  for  the  purpose  of  distributing 
electric  current. 


TRANSPORTATION  COMPANIES. 


August  22,  1900,  to  F.  V.  Archer  to  make  one  landing  each  day  at 
the  Government  wharf  with  the  steamer  General  Jas.  A.  Dumoni. 

August  2, 1900,  to  Wallington  Hardy  to  land  freight  and  passengers 
from  the  steamer  Solatia  upon  the  Government  wharf. 

The  following  transportation  companies  also  are  authorized  to 
transact  business  at  the  main  wharf  under  act  of  Congress,  approved 
August  1,  1894  (28  Stat.,  213)  :  Baltimore,  Chesapeake  &  Richmond 
Steamboat  Co.;  Baltimore  Steam  Packet  Co.;  New  York,  Philadel- 


430  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

phia  &  Norfolk  Railroad  Co. ;  Norfolk  &  Washington  Steamboat  Co. ; 
Norfolk  Railway  &  Light  Co. ;  Old  Dominion  Steamship  Co. ;  Poto- 
mac &  Chesapeake  Steamboat  Co. ;  Virginia  Navigation  Co. ;  Weems 
Steamboat  Co.;  Virginia-Columbia  Steamship  Co.;  Newport  News 
&  York  River  Transportation  Co. ;  West  Shore  Navigation  Co. ;  Nor- 
folk &  Petersburg  Transportation  Co. ;  Chesapeake  Ferry  Co. 


EXPRESS  COMPANIES. 


December  20,  1872,  to  the  Adams  Express  Co*,  to  use  a  parcel  of 
ground  on  the  reservation  near  the  Kimberly  storehouse. 

(Notice,  June  7,  1902,  to  the  Adams  Express  Co.  to  cut  off  and  re- 
move the  front  40  feet  of  its  building  back  to  a  line  with  the  front  of 
the  Chamberlin  Hotel.) 

September  29,  1896,  to  the  Southern  Express  Co.  to  conduct  its 
business  in  the  building  used  by  the  Adams  Express  Co. 

July  6,  1914,  to  the  Wells,  Fargo  &  Co.  Express  to  occupy  space  in 
the  Government  building  on  the  main  wharf  in  which  to  carry  on  its 
express  business  on  the  reservation. 


TELEGRAPH  AND  TELEPHONE  COMPANIES. 


May  17, 1892,  to  the  York  Telephone  &  Telegraph  Co.  to  construct, 
maintain  and  operate  a  telegraph  or  telephone  cable,  or  both,  in  con- 
nection with  aerial  lines  across  the  Fort  Monroe  and  Fort  Wool  reser- 
vations. 

December  12,  1894,  to  the  Postal  Telegraph-Cable  Co.  to  land, 
maintain,  and  operate  its  cable  on  the  Rip  Raps  and  on  the  Fort 
Monroe  reservation. 

March  9, 1895,  to  the  Postal  Telegraph- Cable  Co.  to  extend  its  wires 
from  the  Chamberlin  Hotel  through  the  reservation  on  the  poles  of 
the  Hampton  &  Old  Point  Electric  Co. 

September  13,  1895,  to  the  Hampton  Telephone  Co.  to  construct, 
maintain  and  use  a  telephone  line  on  the  reservation. 

November  4,  1897,  to  the  Hampton  Telephone  Co.  to  land  a  tele- 
phone cable  on  the  reservation. 

September  23, 1902,  to  Western  Union  Telegraph  Co.  to  remove  its 
office  from  the  Hygeia  Hotel  to  another  location. 

October  4,  1905,  to  the  Postal  Telegraph-Cable  Co.  to  run  its  tele- 
graph wires  upon  the  existing  poles  of  the  Hampton  Telephone  Co., 
and  erect  poles  to  complete  connections  to  the  Chamberlin  Hotel  and 
cable  landing. 

MISCELLANEOUS. 

March  4,  1884,  to  the  Lighthouse  Board  to  locate  a  buoy  depot  on 
the  reservation. 

March  21, 1890,  to  enlisted  men  at  Fort  Monroe  to  erect  a  clubhouse 
for  the  Catholic  Social  Club. 

July  26, 1890,  to  F.  B.  Roads,  secretary  Veteran  Association,  Third 
Pennsylvania  Heavy  Artillery,  and  One  hundred  and  eighty-eighth 
Pennsylvania  Volunteers,  to  place  a  bronze  tablet  on  the  inner  wall 
at  the  main  entrance  to  Fort  Monroe. 

January  30,  1895,  to  the  Newport  News  Light  &  Water  Co.  to  ex- 
tend its  line  of  pipe  on  the  reservation. 


VIRGINIA.  431 

June  17,  1902,  to  the  international  committee  of  Young  Men's 
Christian  Associations  to  erect  and  maintain  a  building  upon  the 
reservation,  pursuant  to  authority  of  act  of  Congress,  approved  May 
31,  1902.  (32  Stat,  282.) 

January  13,  1905,  to  collector  of  customs,  covering  erection  of  flag- 
staff for  display  of  United  States  revenue  ensign,  at  collector's  office. 

July  8,  1905,  to  Agricultural  Department  covering  erection  of  steel 
storm-warning  tower  for  Weather  Bureau. 

February  28,  1913,  to  the  international  committee  of  Young  Men's 
Christian  Associations  to  erect  and  maintain  an  addition  to  Associa- 
tion building. 

June  23,  1915,  to  Treasury  Department  to  occupy  site  for  erection 
of  residence  for  the  quarantine  officer  at  the  Cape  Charles  quarantine 
station. 

November  1,  1915,  to  Charlotte  Taylor  Evans  to  maintain  cottage 
erected  on  reservation  by  her  husband,  the  late  Bear  Admiral  Robley 
D.  Evans. 

December  11, 1915,  to  Nelson  S.  Groome  and  H.  H.  Holt  to  conduct 
news  depot,  restaurant,  and  lunch  room  in  the  building  adjoining  the 
main  wharf. 

Jurisdiction. — Jurisdiction  over  the  tracts  included  in  deed  marked 
No.  1,  supra,  was  authorized  to  be  ceded  to  the  United  States  by  an 
act  of  the  State  legislature  passed  March  1,  1821,  as  follows: 

Preamble:  Whereas  it  is  shown  to  the  present  General  Assembly  that  the 
Government  of  the  United  States  is  solicitous  that  certain  lands  at  Old  Point 
Comfort,  and  at  the  shoal  called  the  Rip  Raps,  should  be,  with  the  right  of 
property  and  entire  jurisdiction  thereon,  vested  in  the  said  United  States  for 
the  purpose  of  fortification,  and  other  objects  of  National  defence. 

1.  Be  it  enacted,  etc..  That  it  shall  be  lawful  and  proper  for  the  Governor 
of  this  Commonwealth,  by  conveyance  or  deeds  in  writing  under  his  hand  and 
seal  of  the  State,  to  transfer,  assign  and  make  over  unto  the  said  United  States 
the  right  of  property  and  title,  as  well  as  all  the  jurisdiction  which  this  Com- 
monwealth possesses  over  the  land  and  shoal  at  Old  Point  Comfort  and  the 
Rip  Raps ;  Provided,  The  cession  at  Old  Point  Comfort  shall  not  exceed  250  acres, 
and  the  cession  of  the  shoal  at  the  Rip  Raps  shall  not  exceed  fifteen  acres,  And 
provided  also,  That  the  said  cession  shall  not  be  construed  or  taken,  so  as  to 
prevent  the  officers  of  this  State  from  executing  any  process,  or  discharging  any 
other  legal  functions,  within  the  jurisdiction  or  territory  herein  directed  to  be 
ceded,  nor  to  prevent,  abolish  or  restrain  the  right  or  privilege  of  fishery  hitherto 
enjoyed  and  used  by  the  citizens  of  this  Commonwealth  within  the  limits  afore- 
said ;  And  provided  further,  That  nothing  in  the  deed  of  conveyance,  required  by 
the  first  section  of  this  act,  shall  authorize  the  discontinuance  of  the  present 
road  to  the  Fort,  or  in  any  manner  prevent  the  pilots  from  erecting  such  marks 
and  beacons  as  may  be  deemed  necessary. 

2.  And  be  it  further  enacted,  That  should  the  said  United  States  at  any  time 
abandon  the  said  lands  and  shoal,  or  appropriate  them  to  any  other  purposes 
than  those  indicated  in  the  preamble  to  this  act,  that,  then  and  in  that  case,  'the 
same  shall  revert  to,  and  revest  in  this  Commonwealth.     (See  Code  of  Va., 
1904,  sec.  15.) 

Jurisdiction  over  the  toll  bridge  described  in  the  deed  marked  No.  2, 
supra,  was  authorized  to  be  ceded  to  the  United  States  by  an  act  of 
the  State  legislature  approved  January  14,  1871,  which  provides  as 
follows : 

1.  Be  it  enacted,  etc.,  That  it  shall  and  may  be  lawful  for  the  governor  of  this 
Commonwealth,  and  he  is  hereby  fully  authorized  so  to  do,  for  and  on  behalf  of 
this  Commonwealth,  by  a  proper  deed  and  instrument  of  writing,  under  his  hand 
and  the  seal  of  the  Commonwealth,  to  convey,  transfer,  assign  and  make  over,  to 
the  United  States,  all  the  jurisdiction  which  this  Commonwealth  has  or  pos- 
sesses over  a  certain  toll-bridge,  and  the  abutment  thereof,  across  Mill  Creek 

12925°— 1G 28 


432  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

in  the  County  of  Elizabeth  City,  erected  in  pursuance  of  an  Act  of  the  General 
Assembly  of  Virginia,  passed  January  twenty-seventh,  Anno  Domini,  Eighteen 
hundred  and  twenty-five,  entitled  an  Act  empowering  the  County  of  Elizabeth 
City  to  erect  two  toll  bridges,  and  for  other  purposes,  with  all  the  appurtenances 
to  the  said  toll  bridge  belonging,  but  excluding  the  said  jurisdiction  over  the 
road  leading  from  the  said  abutment,  in  the  said  County  of  Elizabeth  City,  on 
the  north  side  of  Mill  Creek,  to  the  abutment  of  the  toll  bridge  across  Hampton 
River,  which  said  toll  bridge  across  Mill  Creek,  and  its  abutment,  in  the  County 
of  Elizabeth  City,  was  conveyed  to  the  said  United  States  by  the  Hampton 
River  and  Mill  Creek  Toll  Bridge  Company,  by  its  deed  dated  the  fifteenth  day 
of  November,  Eighteen  hundred  and  thirty-eight,  and  recorded  in  the  Clerk's 
Office  of  the  County  Court  of  said  County  on  the  same  day :  Provided,  That  all 
the  conditions  imposed  by  the  charter  of  incorporation  of  the  Hampton  River 
and  Mill  Creek  Toll  Bridge  Company,  passed  on  the  twenty-seventh  day  of 
January,  Eighteen  hundred  and  twenty-five,  shall  be  observed  and  kept  by  the 
United  States ;  and  that  the  deed  hereby  authorized  shall  provide  that  the  grant 
of  jurisdiction  hereby  authorized  shall  be  null  and  void  upon  the  failure  of  the 
United  States  to  comply  with  and  keep  the  said  condition. 

2.  If  at  any  time  hereafter  the  said  bridge  shall  be  suffered  to  fall  into  decay, 
or  the  said  United  States  shall  cease  to  use  the  same  for  military  purposes  in 
connection  with  Fortress  Monroe,  then,  and  in  either  event,  the  jurisdiction 
over  such  territory  hereby  declared  to  be  vested  in  the  United  States,  shall 
revert  to  this  Commonwealth  and  be  subject  to  the  jurisdiction  of  the  same,  in 
like  manner  as  if  this  act  had  never  been  passed :  provided,  that  nothing  herein 
contained  shall  be  so  construed  as  to  authorize  the  said  United  States  to  exact 
toll  or  compensation  for  crossing  or  passing  over  said  bridge,  or  to  prevent  the 
officers  of  this  Commonwealth  from  executing  any  process  whatever  within  the 
jurisdiction  hereby  directed  to  be  ceded  to  the  United  States.  (See  Appendix, 
p.  499,  and  Code  of  Va.,  1904,  sec.  15.) 

See  also  "  General  act  of  cession." 

FORT  MYER  AND  MILITARY  ROAD. 

The  Fort  Myer  Reservation,  including  the  Signal  Corps  Reserva- 
tion containing  29.75  acres,  and  the  Fort  Myer  garden  containing 
approximately  35  acres,  contains  an  area  of  about  317.14  acres.  It 
is  a  portion  of  the  Arlington  estate.  (See  "Arlington,"  for  situa- 
tion, title,  and  jurisdiction.) 

The  military  road  extends  from  the  reservation  at  the  south  end 
of  Aqueduct  Bridge  to  Fort  Myer.  It  was  acquired  under  authority 
of  act  of  Congress  approved  June  28, 1902  (32  Stat,  465). 

Title. — 1.  Deed  from  H.  Rozier  Dulany  and  Howard  P.  Marshall, 
trustees,  dated  August  4,  1902,  conveying  2.347  acres  for  a  military 
road.  Recorded  in  liber  107,  folio  112,  of  the  land  records  of  Alex- 
andria County. 

2.  Deed  from  Mrs.  Charlotte  L.  Drain  and  husband,  dated  Sep- 
tember 30,  1902,  conveying  49,400  square  feet  for  a  military  road. 
Recorded  in  book  107,  page  94,  of  same  records. 

3.  Deed  from  board  of  supervisors,  Alexandria   County,   dated 
April  23,  1909,  conveying  easement  in  certain  streets  of  Rosslyn. 

Revocable  license.  —  November  17,  1915,  to  the  Washington- 
Virginia  Railway  Co.  to  construct  and  maintain  a  passenger  sta- 
tion at  Hatfield  Junction  on  reservation. 

For  easements  and  additional  licenses,  see  "Arlington"  and 
"Aqueduct  Bridge." 

Jurisdiction. — See  "  General  act  of  cession." 

FORT  NELSOX. 

This  reservation  is  situated  on  the  Elizabeth  River  near  Mosquito 
Point,  in  Norfolk  County,  and  contains  an  area  of  about  79  acres. 


VIRGINIA.  433 

Title. — 1.  Deed  from  Thomas  Newton  and  wife,  dated  September 
3, 1799,  conveying  18  acres  of  land  on  Mosquito  Point,  etc.  Recorded 
in  the  clerk's  office  of  the  Norfolk  County  court,  April  21,  1800. 

2.  Deed  from  Thomas  Newton  and  wife,  dated  November  29,  1827, 
conveying  61  acres  of  land  adjoining  above  tract.  Recorded  June  17, 
1840,  in  same  records. 

Jurisdiction. — Cession  of  jurisdiction  to  the  United  States  was 
authorized  by  an  act  of  the  State  legislature  passed  February  19, 
1842,  which  act  is  as  follows : 

Whereas  Thomas  Newton  and  wife  by  their  deed  of  the  third  of  September 
Seventeen  hundred  and  ninety-nine  and  of  record  in  the  Court  of  the  County 
of  Norfolk,  conveyed  to  John  Adams,  President  of  the  United  States,  Eighteen 
acres  of  land,  more  or  less,  situate  in  said  County,  upon  which  a  fortification 
was  erected  by  the  Government  of  the  United  States,  called  "  Fort  Nelson " 
which  fortification  has  since  been  removed,  and  a  Naval  Hospital  built  by  the 
United  States  Government  thereon  and  other  lands  adjoining  thereto,  since 
purchased  by  the  United  States,  which  last  purchase  has  been  upon  the  part  of 
the  State  of  Virginia  ceded  to  the  United  States,  but  no  cession  ever  having 
been  made  of  the  lands  upon  which  the  said  fort  was  erected : 

1.  Be  it  enacted,  etc.,  That  it  shall  be  lawful  and  proper  for  the  Governor, 
or  acting  Governor  of  this  Commonwealth,  by  conveyance,  or  deeds  in  writing 
under  his  hand  and  the  seal  of  the  State,  to  transfer,  assign  and  make  over  to 
the  United  States,  the  right  of  property  and  title  as  well  as  all  the  jurisdiction 
which  the  Commonwealth  possesses  over  the  lands  upon  which  Fort  Nelson  was 
erected  as  aforesaid  containing  by  estimation  Eighteen  acres;  subject  never- 
theless to  all  the  restrictions,  limitations  and  provisions  as  are  set  forth  and 
contained  in  the  act  passed  on  the  .first  day  of  March  Eighteen  hundred  and 
twenty-one  entitled  "An  act  ceding  to  the  United  States  the  lands  on  Old 
Point  Comfort,  and  the  shoals  called  the  Rip  Raps."  (See  Code  of  Va.,  1904, 
sec.  15.) 

It  seems  that  by  an  act  of  the  State  legislature  approved  Febru- 
ary 27,  1833,  jurisdiction  over  the  lands  described  in  the  deed  marked 
No.  2  (supra)  was  ceded  to  the  United  States  for  naval  hospital 
purposes.  The  land  described  in  deed  marked  No.  1  (supra)  seems 
to  have  been  turned  over  to  the  proper  authorities  for  a  naval  hos- 
pital conditionally. 

FORT  NORFOLK. 

This  reservation  is  situated  on  the  Elizabeth  River  near  Norfolk, 
in  Norfolk  County,  and  contains  an  area  of  IjfSo  acres. 

Title. — Deed  from  Edward  Pool  and  wife,  dated  May  21,  1795, 
conveying  the  above  tract. 

(The  above  reservation  transferred  to  the  Navy  Department  condi- 
tionally by  order  of  the  Secretary  of  War,  dated  Sept.  14, 1849.) 

Jurisdiction. — Consent  to  the  purchase  by  the  United  States  was 
given  by  an  act  of  the  State  legislature  passed  November  28,  1794,  as 
follows : 

1.  Be  it  enacted,  etc.,  That  it  shall  be  and  may  be  lawful  for  the  President  of 
the  United  States,  or  any  person  by  him  appointed  for  that  purpose,  to  purchase 
within  the  limits  of  this  State  a  quantity  of  land,  not  exceeding  six  hundred 
and  forty  acres,  for  the  use  of  the  United  States  for  the  purpose  of  erecting  a 
magazine  and  arsenal  thereon.  (See  Code  of  Va.,  1904,  sec.  15.) 

POPLAR  GROVE  NATIONAL  CEMETERY. 

This  reservation  is  situated  about  4J  miles  from  Petersburg,  in 
Dinwiddie  County,  and  contains  an  area  of  8.65  acres. 


434  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

Title. — 1.  Deed  from  Bradley  T.  Johnson,  special  commissioner, 
dated  April  3,  1868,  conveying  8.13  acres  of  land.  Recorded  in  the 
clerk's  office  of  the  Dinwiddie  County  court  December  15,  1868,  in 
deed  book  No.  12,  page^!59. 

Decree  of  condemnation  for  above  land  with  appraisement  and 
appointment  of  Bradley  T.  Johnson  as  special  commissioner  to  con- 
vey, etc.,  in  the  cause  of  George  Yickers,  guardian,  etc.,  et  al.,  v.  The 
United  States,  rendered  April  3,  1868,  in  the  district  court  of  the 
United  States  for  the  district  of  Virginia.  Filed  with  the  record  in 
the  clerk's  office  of  said  district  court. 

2.  Deed  from  J.  Wesley  Friend,  special  commissioner,  dated  April 
30, 1877,  conveying  0.0919  of  an  acre  of  land.     Recorded  in  deed  book 
No.  14,  page  428,  of  said  county  records. 

Decree  of  condemnation  of  above  land  with  appraisement  and 
appointment  of  J.  Wesley  Friend  as  special  commissioner  to  convey, 
etc.,  in  the  cause  of  J.  Wesley  Friend,  guardian,  etc.,  v.  Fannie  E. 
Farley  et  al.,  in  the  circuit  court  of  Dinwiddie  County,  April  term, 
1877.  Rendered  at  said  term  and  filed  with  the  record  in  the  clerk's 
office  of  said  court. 

3.  Deed  from  J.  Wesley  Friend,  special  commissioner,  dated  April 
30,  1877,  conveying  0.5019  of  an  acre  of  land  and  right  of  way. 
Recorded  in  deed  book  No.  14,  page  429,  of  said  county  records. 

Decree  of  condemnation  of  the  above  land  with  appraisement  and 
appointment  of  J.  Wesley  Friend  as  special  commissioner  to  convey, 
etc.,  in  the  cause  of  J.  Wesley  Friend,  guardian,  etc.,  et  al.,  v.  Rebecca 
D.  Flower  et  al.,  in  the  circuit  court  of  Dinwiddie  County,  October 
term,  1876.  Rendered  at  said  term  and  filed  with  the  record  in  the 
clerk's  office  of  said  court. 

POTOMAC   HIGHWAY   BRIDGE. 

This  reservation  is  situated  at  the  Virginia  end  of  the  new  High- 
way Bridge  and  contains  about  4.471  acres. 

Title. — Deed  from  William  M.  Lewin,  trustee,  dated  December 
23,  1904,  conveying  above  tract.  Recorded  in  deed  book  No.  Ill, 
page  56,  of  the  land  records  of  Alexandria  County. 

RICHMOND    NATIONAL    CEMETERY. 

This  reservation  is  situated  on  the  Williamsburg  Turnpike  Road 
near  Richmond,  in  Henrico  County.  It  contains  an  area  of  9.74 
acres  and  also  right  of  way. 

Title.— 1.  Deed  from  William  Slater  and  wife,  dated  July  29, 
1867,  conveying  3  acres  of  land.  Recorded  in  the  clerk's  office  of  the 
Henrico  County  court.  January  20,  1868,  in  book  No.  84,  page  21. 

Decree  of  condemnation,  appraisement,  and  order  of  conveyance 
of  above  land  in  case  of  said  William  Slater  v.  The  United  States, 
in  the  district  court  of  the  United  States  for  the  district  of  Virginia. 
Rendered  June  7,  1867,  and  filed  with  the  record  of  the  cause  in  the 
clerk's  office  of  said  court. 

2.  Deed  from  William  L.  Williams,  trustee,  etc.,  et  al.,  dated  July 
10,  1868,  conveying  5  acres  of  land.  Recorded  in  book  No.  85,  page 
326,  of  said  county  records. 


VIRGINIA.  435 

3.  Deed  from  the  board  of  supervisors  of  the  county  of  Henrico, 
dated  May  21,  1887,  conveying  a  strip  of  land  6,040  feet  in  length 
by  100  feet  in  width  for  a  road  and  right  of  way,  heretofore  vested 
in  said  board  by  an  order  of  the  county  court  of  Henrico  County, 
entered  May  IT,  1887,  in  condemnation  proceedings  instituted  in  said 
court.     Deed  made  pursuant  to  an  act  of  the  General  Assembly  of 
Virginia  entitled  "An  act  to  authorize  the  board  of  supervisors  of 
the  county  of  Henrico,  Virginia,  to  convey  to  the  United  States  the 
right  of  way  for  a  certain  road,"  approved  May  6,  1887,  and  also  in 
pursuance  of  a  resolution  of  said  board  entered  May  7,  1887.     Re- 
corded  June  17,  1887,  in  said  county  records.    The  above-described 
road  acquired  under  and  by  virtue  of  an  act  of  Congress  approved 
February  28,  1887.     (24  Stat,  431.) 

4.  Deed,  dated  June  23,  1906,  from  George  Geffert,  conveying  1.74 
acres.    Recorded  in  book  I77a,  page  300,  of  same  records. 

Revocable  licenses. — August  12, 1910,  to  J.  G.  Geffert  to  lay  a  drain- 
pipe across  the  Government  roadway. 

December  20,  1910,  to  the  Richmond  &  Henrico  Railway  Co.  to 
construct  and  maintain  its  railway  tracks  across  the  Government 
roadway. 

July  23,  1913,  and  September  10,  1913,  to  the  city  of  Richmond  to 
lay  water  main  along  the  Government  roadway. 

SEVEN  PINES  NATIONAL  CEMETERY. 

This  reservation  is  situated  at  Seven  Pines,  about  8  miles  from 
Richmond,  in  Henrico  County,  and  contains  an  area  of  1.55  acres. 

Title.— 1.  Deed  from  Richard  Hilliard,  dated  April  24,  1867,  con- 
veying 1.3  acres  of  land.  Recorded  in  the  clerk's  office  of  the  Henrico 
County  court  September  21,  1868,  in  book  84,  page  501. 

2.  Deed  from  Richard  Hilliard,  dated  May  1,  1873,  conveying 
9,200  square  feet  of  land.    Recorded  in  book  91,  page  446,  of  same 
records. 

3.  Deed  from  James  Kelly,  dated  September  8,  1875,  conveying 
1,380  square  feet  of  land.    Recorded  in  book  96,  page  239,  of  same 
records. 

STAUNTON   NATIONAL  CEMETERY. 

This  reservation  is  situated  at  Staunton,  in  Augusta  County,  and 
contains  an  area  of  1.15  acres. 

Title. — Deed  from  Nickolas  K.  Trout  and  wife  et  al.,  dated  Septem- 
ber 30,  1868,  conveying  1.1463  acres  of  land.  Recorded  in  the  clerk's 
office  of  the  county  court  of  Augusta  County.  May  22,  1869,  in  book 
No.  84,  pages  459  and  460. 

Revocable  licenses. — July  6,  1908,  to  J.  Lester  Hay  to  construct 
crossing  through  sidewalk  of  Government  roadway. 

June  17, 1912,  to  S.  H.  Null  for  like  purpose. 

September  20,  1912,  to  the  Staunton  Lighting  Co.  to  erect  electric- 
light  poles  and  string  wires  along  Government  roadway. 

July  17,  1915,  to  W.  B.  Johnson  to  construct  crossing  over  Govern- 
ment approach  roadway. 

WILLOUGHBY  SPIT    (LAND  AT). 

This  reservation  is  situated  on  Willoughby  Spit,  on  Willoughby 
Bay,  in  Norfolk  County,  and  contains  an  area  of  about  47  acres  of 


436  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

land,  and  two  rights  of  way,  each  50  feet  wide  and  containing  about 
37,500  square  feet. 

Title. — Decree  of  condemnation,  etc.,  of  the  above  lands  and  rights 
of  way  in  a  certain  cause  entitled  "  In  the  matter  of  the  acquisition 
by  the  United  States  of  America  of  certain  land  in  the  county  of 
Norfolk,  State  of  Virginia,  for  the  site,  location,  construction,  and 
prosecution  of  works  for  fortifications  and  coast  defences,"  in  the 
circuit  court  of  the  United  States  for  the  eastern  district  of  Virginia. 
Decree  rendered  October  16,  1891 ;  made  final  November  16, 1891,  and 
filed  with  the  record  of  said  cause  in  the  clerk's  office  of  said  circuit 
court.  Decree  also  recorded  in  the  clerk's  office  of  the  Norfolk 
County  court  November  23,  1891.  (See  deed  book  No.  168,  pp.  530 
to  534,  inclusive.) 

Easement. — By  act  of  Congress  approved  February  4,  1909  (35 
Stat.,  596),  right  was  granted  to  the  Norfolk  County  Water  Co.,  to 
maintain  and  operate  its  water  main,  which  had  been  constructed 
under  license  granted  by  the  Secretary  of  War,  through  the  reser- 
vation. 

Revocable  licenses. — August  5,  1896,  to  the  Norfolk,  Willoughby 
Spit  &  Old  Point  Railroad  Co.  to  construct,  maintain;  and  operate  an 
electric  railway  as  an  extension  to  the  existing  electric  railroad  from 
Norfolk  to  Ocean  View. 

Jurisdiction. — Ceded  to  the  United  States  by  an  act  of  the  State 
legislature  approved  February  29,  1892,  which  act  is  at  follows: 

Whereas  it  has  been  represented  to  the  general  assembly  of  Virginia  that  the 
United  States  have  acquired  title  to  a  tract  of  land  at  Willoughby  Spit,  in  tin* 
County  of  Norfolk,  embracing  about  fifty  acres  of  land,  for  the  purpose  of  locat- 
ing, constructing  and  prosecuting  works  for  fortifications  and  coast  defences; 
Therefore, 

1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  That  the  consent  of  this 
Commonwealth  be,  and  is  hereby,  given  to  the  acquisition  of  said  title,  and 
jurisdiction  is  hereby  ceded  over  the  said  tract  of  land  to  the  government  of  the 
United  States,  so  that  Congress  and  the  authorities  of  the  federal  government 
shall  have  all  lawful  power  and  control  over  the  same,  as  is  specified  in  the 
seventeenth  clause  of  the  eighth  section  of  the  first  article  of  the  Constitution  of 
the  United  States. 

2.  This  state  retains  jurisdiction  over  the  said  tract  of  land  in  all  matters 
relating  to  the  violation  of  the  laws  of  the  state,  to  the  execution  and  service  of 
all  processes  issued  by  or  from  the  courts,  magistrates  or  other  officers  of  the 
State  in  pursuance  of  law,  and  in  all  other  matters  not  incompatible  with  the 
consent  herein  given  and  the  rightful  authority  of  the  United  States  thereby 
acquired  or  to  be  acquired  under  this  act. 

3.  The  said  land  and  privileges  hereby  ceded,  and  the  fortifications,  buildings 
and  structures  which  may  be  erected  thereon  by  the  United  States  government, 
are  hereby  exempted  from  all  taxation  so  long  as  the  same  shall  be  held  and 
used  by  the  United  States  for  the  purpose  hereinbefore  mentioned,   and  no 
longer. 

4.  Should  the  property  herein  granted  be  used  for  any  other  purposes  than 
those  specified  herein  by  the  United  States  government,  or  under  its  authority, 
then  the  same  shall  be  subject  to  taxation  as  other  property  in  this  State. 

5.  This  act  shall  be  in  force  from  its  passage.     (Acts  of  Assembly,   Va., 
1891-2,  p.  739.) 

WINCHESTER    NATIONAL    CEMETERY. 

This  reservation  is  situated  at  Winchester,  in  Frederick  County, 
and  contains  an  area  of  4.89  acres. 

Title. — Deed  from  Jacob  Baker,  dated  December  1, 1870,  conveying 
nearly  5  acres  of  land.  Recorded  in  the  office  of  the  clerk  of  the  cor- 
poration of  Winchester,  May  15, 1872,  in  book  13,  pages  478  to  481. 


VIRGINIA.  437 

Jurisdiction. — Ceded  to  the  United  States  by  an  act  of  the  State 
legislature,  approved  March  31,  1875,  for  which  act  see  under  title 
"  Hampton  National  Cemetery." 


FORT  WOOL. 

This  fort  is  situated  at  the  Kip  Raps.  (See  "Fort  Monroe"  for 
title  and  jurisdiction.) 

Revocable  license. — October  30,  1897,  to  the  Southern  States  Tele- 
phone Co.  to  land  its  cable  on  the  east  side  of  the  Rip  Raps  and 
extend  it  across  the  reservation  to  the  cable  on  the  west  side. 

YORKTOWN  MONUMENT. 

This  reservation  is  situated  at  Yorktown,  in  York  County,  and 
contains  an  area  of  about  10.34  acres. 

Title. — Deed  from  William  W.  Old,  special  commissioner,  dated 
October  19,  1881,  conveying  the  above  land.  Recorded  in  the  clerk's 
office  of  the  York  County  court,  June  15,  1882,  in  deed  book  20, 
page  9. 

The  foregoing  deed,  made  in  accordance  with  a  decree,  entered  on 
the  29th  day  of  June,  1880,  by  the  chancery  court  of  the  city  of  Rich- 
mond, in  the  cause  wherein  the  Dismal  Swamp  Land  Co.  and  others 
were  plaintiffs  and  Robert  Anderson's  personal  representatives  and 
others  defendants.  Sale  ordered  and  Win.  W.  Old  appointed  special 
commissioner  to  convey  said  land.  Decree  recorded  in  the  office  of 
the  clerk  of  said  court  at  Richmond  and  a  copy  in  the  office  of  the 
clerk  of  the  York  County  court  at  Yorktown. 

Jurisdiction. — Ceded  to  the  United  States  by  an  act  of  the  State 
legislature,  approved  April  21,  1882,  which  act  provides  as  follows : 

1.  Be  it  enacted,  etc.,  That  the  consent  of  the  State  be  and  the  same  is  hereby 
given,  to  the  purchase  by  the  government  of  the  United  States,  or  under  the 
authority  of  the  same,  of  a  certain  tract  of  land  at  the  town  of  York,  in  the  said 
State  of  Virginia,  for  the  purpose  of  the  erection  thereon  by  the  United  States 
of  a  monument  to  commemorate  the  surrender  of  Lord  Cornwallis  and  his 
forces  to  the  allied  army,  commanded  by  General  George  Washington,  in  Octo- 
ber, seventeen  hundred  and  eighty-one;  the  metes  and  bounds  of  the  said  tract 
being  as  follows,   namely :    [Here  describes  lands]   containing  ten  acres  and 
thirty-four  hundredths  of  an  acre,  more  or  less. 

2.  The  aforesaid  consent  is  given,  subject  to  the  following  terms  and  condi- 
tions, namely :  All  deeds,  conveyances  of  title,  papers  for  the  same,  shall  be 
recorded  as  in  other  cases  upon  the  land  record  of  the  County  in  which  the 
aforesaid  tract  shall  lie,  and  in  like  manner  shall  be  recorded  a  sufficient  de- 
scription of  the  aforesaid  tract  by  its  proper  metes  and  bounds,  this  consent 
being  in  accordance  with  the  seventeenth  clause  of  the  eighth  section  of  the  first 
article  of  the  Constitution  of  the  United  States,  and  with  the  acts  of  Congress 
in  such  cases  made  and  provided.     The  State  of  Virginia  retains  concurrent 
jurisdiction  with  the  United  States  over  the  aforesaid  tract,  so  that  courts, 
magistrates,  and  officers  of  the  State  may  take  such  cognizance,  execute  such 
process,  and  discharge  such  other  legal  functions  within  the  aforesaid  tract  as 
may  not  be  incompatible  with  the  consent  hereb;   given. 

3.  The  tract  as  above  described,  together  with  the  tenements  and  appurte- 
nances for  the  purposes  before  mentioned,  shall  be  held  exempt  from  taxation. 

4.  This  act  shall  be  in  force  from  its  passage.     (See  Code  of  Va.,  1904,  sec.  15.) 

YORKTOWN  NATIONAL  CEMETERY. 

This  reservation  is  situated  at  Yorktown,  in  York  County,  and  con- 
tains an  area  of  3  acres. 


438  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

Title. — 1.  Deed  from  Frederick  W.  Power  and  wife,  dated  March 
10,  1868,  conveying  2.721  acres  of  land.  Recorded  in  the  clerk's 
office,  York  County  court,  October  19, 1868,  in  deed  book  17,  page  180. 

Decree  of  condemnation  for  same  land  rendered  in  the  district 
court  of  the  United  States  for  the  eastern  district  of  Virginia,  and 
recorded  in  the  clerk's  office,  with  said  cause,  at  Richmond,  and  also, 
as  above,  in  the  clerk's  office  of  the  York  County  court. 

2.  Deed  from  Lot  Wolf  and  wife  et  al.,  dated  February  8,  1875, 
conveying  8  feet  of  land  on  the  north,  east,  and  south  sides  of  the 
cemetery.  Recorded  in  book  18,  page  — ,  of  same  records. 

Decree  of  condemnation  of  same  land  rendered  and  made  final 
May  4,  1875,  in  the  district  court  of  the  United  States  for  the  eastern 
district  of  Virginia,  and  recorded  in  the  clerk's  office  of  said  court 
at  Richmond,  and  also,  as  above,  in  the  clerk's  office  of  the  York 
County  court. 

WASHINGTON. 

GENERAL  ACTS  OF  CESSION. 

SECTION  1.  That  the  consent  of  the  Legislature  of  the  State  of  Washington 
be  and  the  same  is  hereby  given  to  the  purchase,  by  the  Government  of  the 
United  States  or  under  the  authority  of  the  same,  of  any  tract,  piece  or  parcel 
of  land  from  any  individual  or  individuals,  bodies  politic  or  corporate,  within 
the  boundaries  of  the  State,  for  the  purpose  of  erecting  and  maintaining  thereon 
armories,  arsenals,  fortifications,  magazines,  navy-yards,  dock-yards,  custom- 
houses, light-houses  and  other  needful  public  buildings  or  establishments  what- 
soever; the  consent  herein  and  hereby  given  being  in  accordance  with  the 
provisions  of  the  seventeenth  clause  of  the  eighth  section  of  the  first  article  of 
the  Constitution  of  the  United  States,  and  with  the  acts  of  Congress  in  such 
cases  made  and  provided.  And  like  consent  of  the  legislature  of  the  State  of 
Washington  is  hereby  given  in  the  cases  of  all  such  tracts  or  parcels  of  land 
as  have  been  heretofore  purchased  by  the  government  of  the  United  States,  or 
which  have  been  or  may  hereafter  be  reserved  by  the  said  government,  out  of 
any  public  land  belonging  to  the  United  States,  for  any  of  the  purposes  before 
mentioned:  Provided,  That  a  sufficient  description  by  metes  and  bounds  and 
an  accurate  plat  or  map  of  each  such  tract  or  parcel  of  land  be  filed  in  the 
proper  Office  of  record  in  the  county  in  which  the  same  is  situated ;  together 
with  copies  of  the  orders,  deeds,  patents  or  other  evidences  in  writing  of  the 
title  of  the  United  States:  And  provided  further,  That  all  civil  process  issued 
from  the  courts  of  this  State,  and  such  criminal  process  as  may  issue  under 
the  authority  of  this  State  against  any  person  charged  with  crime,  in  cases  aris- 
ing outside  of  such  purchases  or  reservations,  may  be  served  and  executed 
thereon  in  the  same  mode  and  manner  and  by  the  same  officers  as  if  the  consent 
herein  given  had  not  been  made.  (Act  approved  Jan.  23,  1890.  Pierce's  Wash- 
ington Code,  1905,  sec.  8900.) 

SECTION  1.  That  the  consent  of  the  State  of  Washington  be,  and  the  same  is 
hereby,  given  to  the  acquisition,  by  purchase  or  by  condemnation,  under  the 
laws  of  this  State  relating  to  the  appropriation  of  private  property  to  public 
uses,  by  the  United  States  of  America,  or  under  the  authority  of  the  same,  of 
any  tract,  piece,  or  parcel  of  land,  from  any  individual  or  individuals,  bodies 
politic  or  corporate,  within  the  boundaries  or  limits  of  this  State,  for  the  sites 
of  locks,  dams,  piers,  breakwaters,  keepers'  dwellings,  and  other  necessary 
structures  and  purposes  required  in  the  improvement  of  the  rivers  and  harbors 
of  this  State  or  bordering  thereon,  or  for  the  sites  of  forts,  magazines,  arsenals, 
docks,  navy-yards,  naval  stations,  or  other  needful  buildings  authorized  by  any 
act  of  Congress,  and  all  deeds,  conveyances  of  title  papers  for  the  same  shall 
be  recorded,  as  in  other  cases,  upon  the  land  records  of  the  County  in  which 
the  land  so  acquired  may  lie,  and  in  like  manner  may  be  recorded  a  sufficient 
description  by  metes  and  bounds,  courses  and  distances,  of  any  tract  or  tracts, 
legal  divisions  or  subdivisions  of  any  public  land  belonging  to  the  United 
States  which  may  be  set  apart  by  the  general  government  for  any  or  either  of 
the  purposes  before  mentioned  by  an  order,  patent,  or  other  official  document  or 


WASHINGTON.  439 

papers  describing  such  land;  the  consent  herein  and  hereby  given  being  in 
accordance  with  the  seventeenth  clause  of  the  eighth  section  of  the  first  article 
of  the  Constitution  of  the  United  States,  and  with  the  acts  of  Congress  in  such 
cases  made  and  provided,  and  the  jurisdiction  of  this  State  is  hereby  ceded  to 
the  United  States  of  America  over  all  such  land  or  lands  as  may  have  been  or 
may  be  hereafter  acquired  by  purchase  or  by  condemnation,  or  set  apart  by 
the  general  government  for  any  or  either  of  the  purposes  before  mentioned: 
Provided,  That  this  State  shall  retain  a  concurrent  jurisdiction  with  the 
United  States  in  and  over  all  tracts  so  acquired  or  set  apart  as  aforesaid,  so 
far  as  that  all  civil  and  criminal  process  that  may  issue  under  the  authority 
of  this  State  against  any  person  or  persons  charged  with  crimes  committed, 
or  for  any  caus,e  of  action  or  suit  accruing  without  the  bounds  of  any  such 
tract,  may  be  executed  therein  in  the  same  manner  and  with  like  effect  as 
though  this  consent  and  cession  had  not  been  granted. 

SEC.  2.  The  tracts,  pieces  or  parcels  of  land  so  acquired  or  set  apart,  to- 
gether with  the  tenements  and  appurtenances  for  the  purposes  before  men- 
tioned, shall  be  held  exempt  from  taxation  by  the  State  of  Washington.  (Act 
approved  Feb.  24,  1891.  Pierce's  Washington  Code,  1905,  sees.  8901-2. ) 

SECTION  1.  The  consent  of  the  State  of  Washington  is  hereby  given  to  the 
exercise  by  the  Congress  of  the  United  States  of  exclusive  legislation  in  all 
cases  whatsoever  over  such  tract  or  parcels  of  land  as  are  now  held  or  reserved 
by  the  government  of  the  United  States  for  the  purpose  of  erecting  or  main- 
taining thereon  forts,  magazines,  arsenals,  dockyards,  light-houses,  and  other 
needful  buildings,  in  accordance  with  the  provisions  of  the  seventeenth  para- 
graph of  the  eighth  section  of  the  first  article  of  the  Constitution  of  the  United 
States;  provided,  that  a  sufficient  description  by  metes  and  bounds,  and  an 
accurate  plat  or  map  of  each  such  tract  or  parcel  of  land  be  filed  in  the  proper 
office  of  record  in  the  County  in  which  the  same  is  situated,  together  with 
copies  of  the  orders,  deeds,  patents,  or  other  evidences  in  writing  of  the  title 
of  the  United  States ;  and  provided,  that  all  civil  process  issued  from  the  courts 
of  this  State,  and  such  criminal  process  as  may  issue  under  the  authority  of 
this  State,  against  any  person  charged  with  crime  in  cases  arising  outide  of 
such  reservations,  may  be  served  and  executed  thereon  in  the  same  mode  and 
manner  and  by  the  same  officers  as  if  the  consent  herein  given  had  not  been 
made.  (Section  1  of  article  25  of  the  constitution  of  the  State  of  Wash- 
ington.) 

GENERAL  GRANT  OF  ADJACENT  TIDE  LANDS. 

SECTION  1.  That  the  use  of  any  tide-lands  belonging  to  the  State  of  Washing- 
ton, and  adjoining  and  bordering  on  any  tract,  piece  or  parcel  of  land  held  or 
reserved  by  the  government  of  the  United  States  for  the  purpose  of  erecting 
and  maintaining  thereon  forts,  magazines,  arsenals,  dock  yards  and  other  need- 
ful buildings,  be  and  the  same  is  hereby  granted  to  the  United  States  so  long  as 
the  upland  adjoining  such  tide-lands  shall  continue  to  be  held  by  the  government 
of  the  United  States  for  any  of  the  public  purposes  above  mentioned.  Provided, 
That  this  grant  shall  not  extend  to  include  any  lands  covered  by  more  than  four 
fathoms  of  water  at  ordinary  low  tide :  And  provided  further,  That  whenever  the 
government  of  the  United  States  shall  cease  to  hold  for  public  purposes  any 
such  tract,  piece  or  parcel  of  land,  .the  use  of  the  tide-lands  bordering  thereon 
shall  revert  to  the  State  of  Washington.  (Act  approved  Mar.  20,  1890.  Pierce's 
Washington  Code,  1905,  sec.  8903.) 

FORT  CANBY    (CAPE  DISAPPOINTMENT). 

This  reservation  is  situated  on  Cape  Disappointment  (also  called 
Cape  Hancock)  on  the  northern  side  of  the  mouth  of  the  Columbia 
River,  in  Pacific  County,  and  contains  an  area  of  about  540.20  acres. 
It  includes  all  the  land  on  said  cape  lying  south  of  an  east  and 
west  subdivisional  line,  which  line  lies  20  chains  south  of  the  township 
line  between  townships  9  and  10  north,  range  11  west,  Willamette 
meridian,  except  the  lighthouse  reservation,  which  embraces  the  whole 
of  lot  4,  section  9,  of  said  township,  and  contains  48  acres. 

Title. — Reserved  and  set  apart  for  military  purposes  by  Executive 
order  of  February  26, 1852;  modified  by  Executive  order  of  December 


440  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

27,  1859,  setting  apart  the  lighthouse  reservation,  supra ;  and  further 
modified  by  Executive  order  of  January  15, 1863. 

Name  of  post  changed  from  "  Fort  Cape  Disappointment "  to  "  Fort 
Canby  "  by  G.  O.  5,  A.  G.  O.,  January  28,  1875. 

Revocable  licenses. — March  7,  1895,  to  Treasury  Department  to  use 
tract  100  feet  square  for  life-saving  purposes. 

December  18,  1914,  to  the  Weather  Bureau,  Department  of  Agri- 
culture, to  maintain  its  existing  telegraph  lines  and  cable  connections 
on  reservation. 

March  4,  1915,  to  Department  of  Commerce,  for  the  Lighthouse 
Service  to  place  and  maintain  two  range  lights  on  reservation. 

November  4,  1915,  to  Ilwaco  Telephone  &  Telegraph  Co.  for  tele- 
phone and  telegraph  line. 

Jurisdiction. — Ceded  to  the  United  States  by  section  1  of  article  25 
of  the  constitution  of  the  State  of  Washington,  as  set  out  under  the 
title  "  General  acts  of  cession."  Description  by  metes  and  bounds  and 
map  of  reservation  filed  as  required  by  said  section. 

CANOE  ISLAND. 

This  reservation  is  situated  in  San  Juan  County,  in  the  Haro  Archi- 
pelago, in  what  is  called  Upright  Channel,  and  contains  an  area  of 
43.10  acres.  It  includes  the  whole  island,  its  boundaries  being  limited 
by  the  meanderings  or  indentations  of  the  shore  line  at  mean  low- 
water  mark. 

Title. — Formerly  a  part  of  the  public  domain,  it  was  reserved  and 
set  apart  for  military  purposes  by  Executive  order  dated  July  2,  1875. 

Revocable  licenses. — See  Lopez  Island  (southwest  portion)  for 
license  to  Inter-Island  Telephone  Co. 

Jurisdiction. — See  section  1,  article  25,  constitution  of  the  State  of 
Washington,  and  act  of  the  State  legislature  approved  February 
24, 1891,  under  the  title  "  General  acts  of  cession." 

FORT  CASEY. 

This  reservation  is  situated  on  Admiralty  Head,  along  the  waters  of 
Admiralty  Inlet,  in  Island  County,  and  comprises  a  main  reservation 
containing  (exclusive  of  land  under  Crockett's  Lake)  about  430  acres; 
and  additions  for  water  supply  aggregating  96.88  acres,  and  additions 
in  the  town  of  Brooklyn  for  defensive  purposes,  aggregating  about 
21  acres.  Included  in  the  main  reservation  are  two  parcels,  aggre- 
gating' 2.58  acres,  transferred  to  the  Treasury  Department  July  31, 
1899,  and  January  23,  1902,  for  lighthouse  reservation,  under  act  of 
Congress  of  March  3,  1899  (30  Stat,  1250). 

The  metes  and  bounds  of  the  main  reservation,  except  the  tracts 
conveyed  by  deeds  Nos.  6  and  7  and  decree  No.  8,  infra,  are  given  in 
G.  O.  195,  W.  D.,  September  17,  1907;  and  the  metes  and  bounds  of 
the  additions  for  water  supply  are  given  in  G.  O.  29,  W.  D.,  February 
4, 1904,  and  G.  O.  199,  W.  D.,  November  25, 1905. 

Title— -1.  Deed  from  John  C.  Kellogg  et  al.,  dated  March  9,  1897, 
conveying  10  acres.  Recorded  in  volume  20,  page  171,  etc.,  of  the 
deed  records  of  Island  County.  The  above  deed  being  for  the  pur- 
pose of  correcting  error  in  previous  deed  to  same  property  dated 
December  24,  1858. 


WASHINGTON.  441 

The  above  10  acres  were  transferred  by  the  Treasury  Department, 
on  July  31,  1899,  in  exchange  for  two  parcels  of  land,  parts  of  the 
Fort  Casey  Keservation,  aggregating  2.58  acres,  and  a  right  of  way 
to  and  from  said  tracts.  Transfer  made  pursuant  to  act  of  Con- 
gress approved  March  3,  1899  (30  Stat.,  1250).  On  September  13, 
1902,  one  of  the  tracts  above  mentioned,  being  a  square  of  150  feet, 
was  transferred  back  by  the  Treasury  Department  in  exchange  for 
another  parcel  of  approximately  the  same  area. 

2.  Deed  from  John  C.  Kellogg,  dated  April  20,  1897,  conveying 
123  acres.    Recorded  in  volume  20,  page  119,  of  same  records.    The 
purchase  of  the  above  tract  was  authorized  by  the  Secretary  of  War, 
October  26,  1896. 

3.  Deed  from  Albert  H.  Kellogg  and  wife,  dated  January  18, 1899, 
conveying  27  acres.    Recorded  in  volume  20,  page  279,  of  same  records. 

4.  Deed  from  the  State  of  Washington,  dated  February  16,  1899, 
conveying  certain  tide  lands  adjoining  the  reservation.    Recorded  in 
volume  20,  page  261,  of  same  records. 

5.  Decree  of  condemnation  for  221.55  acres,  in  a  cause  entitled 
"The  United  States  v.  Susan  H.  Hancock  et  al.,"  in  the  United 
States  district  court  for  the  district  of  Washington.    Rendered  July 
30,  1901,  and  filed  in  the  clerk's  office  of  said  court,  August  3,  1901. 
Also  recorded  in  volume  17,  page  361,  of  the  miscellaneous  records  of 
Island  County. 

6.  Deed  from  Sabine  Abbott  et  ux.,  dated  March  2,  1907,  convey- 
ing 4.347  acres,  acquired  for  site  for  secondary  stations.     Recorded 
in  volume  22,  page  270,  of  deed  records  of  Island  County. 

7.  Deed  from  Bertha  S.  Jenne,  individually  and  as  executrix  of 
Jacob  Jenne,  dated  August  29,  1908,  conveying  79  acres,  on  the  north 
of  the  reservation,  forming  one  tract  with  the  4.347  acres  acquired 
by  deed  No.  6,  supra.     Recorded  in  volume  25,  page  279,  of  same 
records. 

8.  Decree  of  United  States  district  court  rendered  October  14,  1909, 
covering  condemnation  of  land  of  Sabine  Abbot  et  ux.  et  al.,  for 
searchlights  Nos.  8  and  9,  containing  8.62  acres.    Recorded  in  volume 
24,  page  192,  of  the  miscellaneous  records  of  Island  County. 

9.  Deed  from  governor  dated  July  24,  1911,  conveying  certain  tide- 
lands  adjoining  reservation.    Recorued  in  volume  28,  page  68,  of  deed 
records  of  Island  County. 

10.  Deed  from  governor  dated  July  24,  i911,  conveying  certain 
other  tidelands  adjoining  reservation.    Recorded  in  volume  28,  page 
69,  of  same  records. 

ADDITIONS  FOR  WATER  SUPPLY. 

11.  A  tract  of  66  acres,  for  purposes  of  water  supply,  located  in 
sec.  6,  T.  30  N.,  and  sec.  31,  T.  31  N.,  both  in  R.  2  E.,  was  acquired 
from  S.  D.  Shields  and  wife  et  al.,  by  decree  of  the  United  States 
district  court  for  the  district  of  Washington,  rendered  August  18 
1903.    Recorded  in  volume  17,  page  564,  et  seq.,  miscellaneous  records 
of  Island  County. 

The  following  deeds  cover  right  of  way  for  water  pipe  line  from 
said  tract  to  the  main  reservation : 

(a)  Deed  from  Christian  Kaehler  and  wife,  dated  August  18,  1903. 
Recorded  in  volume  21,  pages  431-432,  deed  records  of  Island  County. 


442  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

(b)  Deed  from  Alexander  Rosenfield  and  wife,  dated  August  24, 
1903.  Recorded  in  volume  21,  pages  488-489,  same  records. 

(r)  Deed  from  Elizabeth  Trenholm,  widow,  dated  August  27,  1903. 
Recorded  in  volume  21,  pages  434-435,  same  records. 

(d)  Deed  from  Rosalie  L.  Morris  and  husband,  dated  August  29, 
1903.    Recorded  in  volume  21,  page  443,  same  records. 

(e)  Deed  from  Howard  B.  Love  joy  and  wife,  dated  September  19, 
1903.    Recorded  in  volume  21,  pages  441-442,  same  records. 

(/)  Deed  from  J.  A.  Baker  et  al.,  dated  September  19,  1903.  Re- 
corded in  volume  21,  pages  440-441,  same  records. 

(g)  Deed  from  W.  St.  George  Elliott  and  wife,  dated  October  17, 
1903.  Recorded  in  volume  21,  pages  433-434,  same  records. 

(h)  Deed  from  The  Kinetli  Co.,  dated  August  25,  1903.  Recorded 
in  volume  23,  page  26,  miscellaneous  records. 

(t)  Deed  from  Matilla  L.  Crockett  et  al.,  dated  August  3,  1904. 
Recorded  in  volume  21,  page  538,  deed  records. 

12.  Deed  from  William  Hampton  and  wife,  dated  October  26,  1904, 
conveying  30.88  acres  in  sec.  14,  T.  31  N.,  R.  1  E.     Recorded  in 
volume  19,  page  434,  of  same  records. 

ADDITIONS    IN    TOWN    OF    BROOKLYN    FOR    DEFENSIVE    PURPOSES. 

13.  Deed  from  Luther  Weedin,  dated  June  3,  1907,  conveying 
certain  blocks  in  the  town  of  Brooklyn  as  sites  for  fire-control  sta- 
tions, aggregating,  including  streets,  etc.,  about  10  acres.     Recorded 
in  volume  24,  page  319,  of  deed  records  of  Island  County. 

14.  Quitclaim  deed  from  A.  D.  Blowers  et  ux.,  dated  June  20,  1907, 
covering  block  18,  conveyed  by  deed  No.  13,  supra.     Recorded  in 
volume  23,  page  257,  of  same  records. 

15.  Quitclaim  deed  from  H.  L.  Tebbals  et  ux.,  dated  June  25,  1907, 
covering  block  18,  conveyed  by  deed  No.  13,  supra.    Recorded  in  vol- 
ume 23,  page  258,  of  same  records. 

16.  Decree  of  United  States  district  court,  rendered  November  1, 
1909,  conveying  the  acquisition  from  A.  D.  Blowers  et  al.  of  six  blocks 
and  one  lot  in  the  town  of  Brooklyn,  area  about  11  acres,  for  the  site 
of  searchlight  No.  12.     Recorded  in  volume  24,  page  195,  of  the  mis- 
cellaneous records  of  Island  County. 

RIGHT  OF    WAY   FOR   SEWER. 

17.  Deed  from  William  -lampion  and  wife,  dated  January  31, 
1906,  covering  sewer  and  drain,  in  consideration  of  license,  dated  Jan- 
uary 9,  1906,  for  water  supply  from  the  Government  water  main— 
the  easement  to  terminate  in  the  event  of  the  revocation  of  the  license. 

EASEMENT  FOR  ROADWAY,   WATER  AND   SEWER   MAINS,   ELECTRIC   LINES,   ETC. 

18.  Grant  from  board  of  county  commissioners  of  Island  County, 
August  8,  1912,  of  right  of  way  for  roadway,  water  and  sewer  pipes, 
electric  cables  and  conduits,  poles  for  electric  lines,  etc.,  through  town 
sites  of  Chicago  and  Brooklyn,  in  lieu  of  prior  grants. 

Revocable  licenses. — June  18,  1900,  to  Sunset  Telephone  Co.  to 
plant  telephone  poles  within  the  limits  of  the  reservation. 


WASHINGTON.  443 

January  9,  1906,  to  William  Hampton  for  water  main  connecting 
his  residence  with  Government  supply  and  to  use  sufficient  water  for 
household  purposes.  See  deed  from  William  Hampton,  ante. 

Jurisdiction. — Ceded  to  the  United  States  by  acts  of  State  legis- 
lature approved  January  23,  1890,  and  February  24,  1891,  as  set  out 
under  the  title  "  General  acts  of  cession."  Description  by  metes  and 
bounds  and  map  of  reservation  filed  as  required  by  section  1  of  «aid 
act,  approved  January  23,  1890. 

CHALLAM  POINT. 

This  reservation  is  situated  in  Jefferson  County,  in  T.  30  N., 
R.  2  W.,  on  the  west  side  of  the  entrance  to  Port  Discovery,  and 
contains  547.7  acres. 

Title. — Reserved  for  military  purposes  by  Executive  order  dated 
September  22,  1866.  The  order  reserved  640  acres,  if  the  title  should 
be  found  to  be  in  the  United  States.  Upon  final  designation  by  the 
War  Department  the  area  was  reduced  to  that  above  stated. 

Easement. — Permission,  February  27, 1915,  under  section  6  of  act  of 
July  5,  1884  (23  Stat.,  103),  to  the  board  of  county  commissioners  of 
Jefferson  County  to  construct  and  maintain  a  highway  across  the 
reservation. 

Jurisdiction. — See  section  1,  article  25,  constitution  of  the  State  of 
Washington,  and  act  of  the  State  legislature  approved  February  24, 
1891,  under  title  "  General  acts  of  cession." 

CHALLAM  POINT    (LAND  OPPOSITE). 

This  reservation  is  situated  in  Jefferson  County,  in  T.  30  N., 
Rs.  1  and  2  W.,  opposite  Challam  Point,  on  the  east  side  of  the 
entrance  to  Port  Discovery,  and  contains  an  area  of  about  206.25 
acres. 

Title. — Reserved  for  military  purposes  by  Executive  order  dated 
September  22,  1866.  The  order  reserved  640  acres,  if  the  title  should 
be  found  to  be  in  the  United  States.  Upon  final  designation  by  the 
War  Department  the  area  was  reduced  to  302.75  acres,  and  it  is  found 
upon  further  investigation  that  patents  have  issued  for  about  96.50 
acres,  leaving  the  area  about  206.25  acres,  as  above  stated. 

Jurisdiction. — See  section  1,  article  25,  constitution  of  the  State  of 
Washington,  and  act  of  the  State  legislature  approved  February  24, 
1891,  under  title  "General  acts  of  cession." 

FORT  COLUMBIA. 

This  reservation  is  situated  at  Chinook  Point,  in  Pacific  County, 
on  the  north  bank  of  the  Columbia  River,  being  a  part  of  sees.  15,  16, 
17,  21,  and  22,  in  T.  9  N.,  R.  10  W.,  and  contains  an  area  of  729.35 
acres. 

Title. — 1.  Deed  from  Henry  K.  Stevens,  administrator,  etc.,  dated 
May  24,  1864,  conveying  643.2  acres.  Recorded  in  book  B.  folio  168, 
etc.,  of  the  deed  records  of  Pacific  County. 

2.  Quitclaim  deed  from  Solomon  B.  Preble  and  Mary  Preble,  his 
wife,  dated  March  7,  1864,  releasing  right  of  dower  held  by  Mary 
Preble  as  widow  of  Rocque  Ducheney.  Recorded  in  book  B,  page 
170,  etc.,  of  same  records. 


444  UNITED   STATES    MILITARY    RESERVATIONS,  ETC. 

3.  Deed  from  the  Northern  Pacific  Railroad  Co.,  dated  July  31, 
1899,  conveying  lots  1  and  2  of  sec.  15,  and  lot  4  of  sec.  21,  con- 
taining 53.15  acres.     Recorded  in  book  34,  page  209,  etc.,  of  same 
records. 

4.  Executive  order  dated  May  8,  1899,  setting  apart  for  military 
purposes,  lot  9,  sec.  22,  containing  33  acres. 

Easements. — By  instrument,  dated  April  13,  1907,  under  act  of 
Congress  approved  February  25,  1907  (34  Stat,  926),  the  Secretary 
of  War  approved  and  authorized  the  construction  by  the  Columbia 
Valley  Railroad  Co.  of  a  railway  crossing  the  reservation  by  a  tunnel 
•under  the  post. 

By  instrument  dated  November  15,  1909,  under  act  of  Congress 
approved  July  5,  1884  (23  Stat.,  103),  authority  was  given  for  the 
extension  of  a  county  road  across  the  reservation. 

Revocable  licenses. — September  7,  1904,  to  Lum  On  to  conduct  a 
laundry  upon  the  reservation  formerly  conducted  by  him  under  per- 
mission of  the  post  commander. 

August  8,  1905,  to  the  Sunset  Telephone  Co.  covering  use  of  two 
cores  of  cable  between  Forts  Stevens  and  Columbia. 

June  3,  1907,  to  Oregon  Railroad  &  Navigation  Co.  to  install  a 
4-inch  pipe  and  obtain  water  supply  for  its  locomotives  from  the 
Government  water  system. 

November  7,  1907,  to  the  Pacific  States  Telephone  &  Telegraph  Co. 
for  telephone  line. 

February  19,  1909,  to  the  Ilwaco  Telephone  Co.  for  private  tele- 
phone line. 

March  1, 1909,  to  S.  I.  Baseel  for  private  telephone  line. 

January  10,  1911,  to  Pacific  States  Telephone  &  Telegraph  Co. 
for  telephone  lines,  etc.  (See  Fort  Stevens,  Oregon.) 

Jurisdiction. — See  acts  of  the  State  legislature  approved  January 
23,  1890,  and  February  24,  1891,  as  set  out  under  title  "General  acts 
of  cession."  Description  by  metes  and  bounds  and  map  of  reserva- 
tion filed  as  required  by  section  1  of  said  act  of  January  23,  1890. 

DECEPTION  PASS  (NORTH  SIDE  OF). 

This  reservation  is  situated  on  Fidalgo  Island,  in  Skagit  County,  in 
T.  34  N.,  R.  1  E.,  north  of  the  entrance  to  the  pass,  and  includes  the 
two  islands  in  the  pass.  It  contains  about  550  acres. 

Title. — Reserved  for  military  purposes  by  Executive  order  dated 
September  22,  1866.  The  order  reserved  640  acres,  if  the  title  should 
be  found  to  be  in  the  United  States.  Upon  final  designation  by  the 
War  Department  the  area  was  reduced  to  550  acres.  It  is  possible 
that  this  latter  area  may  be  still  further  reduced  by  excepting  tracts 
found  to  have  been  disposed  of  prior  to  the  date  of  the  above  order. 

Revocable  license. — March  10, 1898,  to  T.  J.  R.  Giles,  keeper  of  the 
stake  light,  to  use  for  agricultural  purposes  a  small  parcel  of  land 
(about  1J  acres)  now  under  fence,  in  the  northwest  corner  of  the 
reservation. 

Jurisdiction. — See  section  1,  article  25,  of  the  constitution  of  the 
State  of  Washington,  and  the  act  of  the  State  legislature  approved 
February  24,  1891,  under  title  "General  acts  of  cession." 


WASHINGTON.  445 

DECEPTION  PASS   (SOUTH  SIDE  OF). 

This  reservation  is  situated  on  the  northern  end  of  Whidbeys 
Island  in  Island  County,  in  T.  34  N.,  R.  1  E.5  south  of  the  entrance 
to  the  pass,  and  contains  about  630  acres. 

Title. — Reserved  for  military  purposes  by  Executive  order  dated 
September  22,  1866.  The  order  reserved  640  acres,  if  the  title  should 
be  found  to  be  in  the  United  States.  Upon  final  designation  by  the 
War  Department  the  area  was  reduced  to  630  acres.  It  is  possible 
that  this  latter  area  may  be  still  further  reduced  by  excepting  tracts 
found  to  have  been  disposed  of  prior  to  the  date  of  the  above  order. 

Easement. — For  county  road  through  reservation.  See  "  Whid- 
beys Island." 

Jurisdiction. — See  section  1,  article  25,  of  the  State  constitution 
of  Washington,  and  the  act  of  the  State  legislature  approved  Feb- 
ruary 24,  1891,  for  which  see  "  General  acts  of  cession." 

DOUBLE  BLUFF. 

This  reservation  is  situated  on  the  southern  shore  of  Whidbeys 
Island,  in  Island  County,  being  fractional  sees.  26,  27,  28,  and  lots 
4  and  5,  sec.  22,  of  T.  29  N.,  R.  2  E.,  opposite  Foulweather  Point,  and 
contains  about  626.25  acres. 

Title. — Reserved  for  military  purposes  by  Executive  order  dated 
September  22,  1866.  The  order  reserved  640  acres,  if  the  title  should 
be  found  to  be  in  the  United  States.  June  3, 1871,  by  final  designation 
by  the  War  Department  the  area  was  reduced  to  633.3  acres,  and  after- 
wards to  626.25  acres.  It  is  possible  that  this  latter  area  may  be  still 
further  reduced  by  excepting  tracts  found  to  have  been  disposed  of 
prior  to  the  date  of  the  above  order. 

Jurisdiction. — See  section  1,  article  25,  of  the  constitution  of  the 
State  of  Washington,  and  act  of  the  State  legislature,  approved  Febru- 
ary 24, 1891,  under  the  title  "  General  acts  of  cession." 

FORT  FLAGLER. 

This  reservation  is  situated  at  Marrowstone  Point,  in  Jefferson 
County,  and  contains  910  acres  and  certain  tide  lands. 

Title. — 1.  Reserved  for  military  purposes  by  Executive  order  dated 
September  22,  1866.  The  order  reserved  640  acres  if  the  title  should 
be  found  to  be  in  the  United  States.  Upon  final  designation  by  the 
War  Department  the  area  was  reduced  to  590  acres.  It  is  possible 
that  this  latter  area  may  be  still  further  reduced  by  excepting  tracts 
found  to  have  been  disposed  of  prior  to  the  date  of  the  above  order. 

2.  In  addition  to  the  above  the  N.  J  of  SW.  \  of  sec.  17,  and  that 
part  of  lot  6  of  sec.  18,  T.  30  N.,  R.  1  E.,  Willamette  meridian,  not 
embraced  in  the  order  of  September  22, 1866,  was,  by  Executive  order 
dated  November  14,  1896,  added  to  the  Marrowstone  Point  Reserva- 
tion, the  addition  being  estimated  as  containing  an  area  of  58  acres. 

3.  Deed  from  George  Pitman  and  wife,  dated  November  24,  1896, 
conveying  the  SE.  J  of  SW.  J  and  the  E.  \  of  the  SW.  J  of  the  SW. 
J  of  sec.  17,  T.  30  N.,  R.  1  E.,  containing  60  acres.    Recorded  in  vol- 
ume 36,  page  228,  of  the  deed  records  of  Jefferson  County. 


446  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

4.  Deed  from  Ann  D.  Starrett  and  husband  et  al.,  dated  July  2, 
1897,  conveying  lots  3  and  4  and  SW.  J  of  NE.  }  and  W.  J  of  SE.  J 
of  sec.  17,  T.  30  N.,  R.  1  E.,  containing  172  acres  of  land.    Recorded 
in  volume  47,  page  271,  of  same  records.    Deed  made  in  accordance 
with  a  decree  of  condemnation  for  said  land  in  the  United  States 
Circuit  Court  for  the  District  of  Washington,  Northern  Division, 
wherein  the  United  States,  etc.,  were  plaintiffs  and  Ann  D.  Starrett 
et  al.  were  defendants.    Decree  made  final  June  2, 1897,  and  filed  with 
the  record  in  the  clerk's  office  of  said  court. 

5.  Deed  from  the  State  of  Washington,  dated  February  16,  1899, 
conveying  two  tracts  of  tide  lands.    Recorded  in  book  48,  page  255, 
of  same  county  records. 

Above  conveyance  made  in  accordance  with  the  provisions  of  an 
act  of  the  State  legislature  approved  March  20,  1890,  under  title 
"General  grant  of  adjacent  tide  lands." 

6.  Deed  from  Jacob  Jenne  et  ux.,  dated  January  17,  1907,  convey- 
ing 25  acres.    Recorded  in  volume  58,  page  291,  of  same  records. 

7.  Deed  from  Jacob  Kuhn  et  ux.,  dated  May  29,  1909,  conveying  5 
acres.    Recorded  in  volume  62,  page  317,  of  same  records. 

Revocable  licenses. — September  6,  1904,  to  D.  B.  Weatherbe  to 
occupy  as  a  residence  the  house  erected  by  him  upon  the  reservation. 

Jurisdiction. — See  section  1,  article  25,  of  the  constitution  of  the 
State  of  Washington,  and  act  of  the  State  legislature  approved 
February  24, 1891,  under  title  "  General  acts  of  cession." 

Description  by  metes  and  bounds  and  map  of  reservation  filed  as 
required  by  section  1,  article  25,  of  the  constitution  of  the  State. 

FOULWEATHER    POINT. 

This  reservation  is  situated  in  Kitsap  County,  on  the  east  side  of 
the  entrance  to  Hoods  Canal,  in  T.  28  N.,  Rs.  1  and  2  E.,  and  contains 
485.5  acres. 

Title. — Reserved  for  military  purposes  by  Executive  order  dated 
September  22,  1866.  The  order  reserved  640  acres,  if  the  title  should 
be  found  to  be  in  the  United  States.  Upon  final  designation  by  the 
War  Department  the  area  was  reduced  to  that  above  stated. 

Jurisdiction. — See  section  1,  article  25,  constitution  of  the  State 
of  Washington,  and  act  of  the  State  legislature  approved  February 
24,  1891,  under  title  "  General  acts  of  cession." 

FORT   GEORGE   WRIGHT. 

This  reservation  is  situated  in  Spokane  County,  near  the  city  of 
Spokane,  and  contains  an  area  of  1,022.80  acres,  exclusive  of  the  right 
of  way  of  the  Seattle,  Lake  Shore  &  Eastern  Railroad,  and  also  ex- 
clusive of  the  right  of  way  of  the  St.  Paul,  Minneapolis  &  Manitoba 
(Great  Northern)  Railroad. 

Name  changed  from  "Fort  Wright"  to  "Fort  George  Wright" 
by  G.  O.  97,  W.  D.,  1908. 

The  land  was  acquired  under  and  by  virtue  of  an  act  of  Congress, 
approved  February  12,  1895.  (28  Stat.,  657.) 

Title. — Deed  from  the  Spokane  &  Eastern  Trust  Co.,  dated  Octo- 
ber 31,  1895,  conveying  by  metes  and  bounds  a  tract  containing  the 
above  acreage,  after  excepting  the  right  of  way  for  the  two  roads 
named.  Recorded  in  vol.  41,  page  124,  of  the  deed  records  of 
Spokane  County. 


WASHINGTON.  447 

Easements. — Act  of  Congress,  approved  March  2,  1897  (29  Stat., 
600),  granted  a  right  of  way  through  the  reservation  to  the  St.  Paul, 
Minneapolis  &  Manitoba  Railway  Co.  Location  approved  by  the 
Secretary  of  War,  March  3,  1897. 

Act  of  Congress,  approved  January  28,  1907  (34  Stat,  865),  au- 
thorized the  Secretary  of  War  to  locate  a  right  of  way  for  the 
Spokane  and  Inland  Empire  Railroad  Co.  Location  approved  July 
22,  1908. 

The  public  has  an  easement  in  a  county  road,  extending  across  sec- 
tion 10  of  the  reservation,  which  existed  prior  to  the  acquisition  of 
the  tract  for  military  purposes. 

Revocable  licenses. — May  29,  1897,  to  Great  Northern  Railroad  Co., 
for  a  spur  track  to  the  post. 

June  12,  1905,  to  the  Washington  Water  Power  Co.,  for  an  elec- 
tric railway. 

October  15,  1906,  to  Wm.  Hager,  teamster,  Q.  M.  D.,  to  occupy  a 
cottage  owned  by  him  on  the  reservation. 

October  15,  1906,  to  G.  E.  Freeman,  blacksmith,  Q.  M.  D.,  to  oc- 
cupy a  cottage  owned  by  him  on  the  reservation.  Transfer  to  Archi- 
bald H.  Lyon,  plumber,  Q.  M.  D.,  approved  June  29,  1907. 

October  }r,  1906,  to  Charles  F.  Coates,  engineman,  Q.  M.  D.,  to 
occupy  a  cottage  owned  by  him  on  the  reservation. 

March  10,  1908,  to  the  Pacific  Telephone  &  Telegraph  Co.,  of 
Spokane,  Wash.,  for  a  telephone  line. 

December  2,  1908,  to  Ord.  Sergt.  Casper  Mayer,  United  States 
Army,  and  Ord.  Sergt.  B.  Coughlin,  United  States  Army,  retired,  to 
lay  and  maintain  a  1-inch  water  pipe  to  connect  houses  owned  by 
them  off  the  reservation  with  post  water  supply.  Licensees  to  pay 
for  water  direct  to  the  City  Water  Works  Co. 

August  31,  1910,  to  Brinton  F.  Harbaugh,  wheelwright,  Q.  M.  D., 
to  use  and  maintain  water  pipe  in  conjunction  with  Ord.  Sergt.  B. 
Coughlin,  said  Harbaugh  having  purchased  the  premises  owned  by 
Ord.  Sergt.  Mayer. 

December  16,  1913,  to  the  board  of  park  commissioners  of  the  city 
of  Spokane,  Wash.,  to  construct  and  maintain  two  sections  of  road- 
way upon  the  reservation. 

Jurisdiction. — See  acts  of  State  legislature,  approved  January  23, 
1890,  and  February  24,  1891,  under  the  title  "General  acts  of  ces- 
sion." Description  by  metes  and  bounds  and  map  of  reservation 
filed  as  required  by  section  1  of  said  act,  approved  January  23,  1890. 

GIG     HARBOR. 

This  reservation  is  situated  on  the  north  side  of  the  entrance  to 
Gig  Harbor,  Narrows  of  Puget  Sound,  and  contains  an  area  of  77.8 
acres.  It  comprises  lots  5  and  6  of  sec.  5  and  lot  1  of  sec.  8,  T.  21  N., 
R.  2  E.  of  the  Willamette  meridian,  containing  valuable  sand  and 
gravel  deposits. 

Title. — Reserved  for  military  purposes  by  Executive  order  dated 
April  3,  1901. 

Leases. — April  11,  1912,  to  Phil.  Brautigam  and  wife  of  Gates  lot, 
for  five  years,  from  May  1, 1912,  said  lot  containing  10  acres,  situated 
in  the  northwest  corner  of  the  reservation. 
12925°— 16 29 


448  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

May  20,  1914,  to  Lottie  Rowley,  for  five  years,  from  April  1,  1914, 
of  the  remainder  of  reservation. 
Jurisdiction. — See  "  General  acts  of  cession." 

GOOSE   ISLAND. 

This  reservation  is  situated  in  the  Strait  of  Juan  de  Fuca,  off 
the  southeastern  point  of  San  Juan  Island,  in  the  SE.  J  of  the  NE.  \ 
of  sec.  8,  T.  34  K,  R.  2  W.,  Willamette  meridian,  in  San  Juan 
County,  and  includes  the  whole  of  the  small  island  of  that  name 
containing  4  acres. 

Title.— Reserved  and  set  apart  for  military  purposes  by  Executive 
order  dated  January  9,  1889. 

Jurisdiction. — See  section  1,  article  25,  of  the  constitution  of  the 
State  of  Washington,  and  act  of  the  State  legislature  approved 
February  24, 1891,  under  the  title  "  General  acts  of  cession." 

HOODS    HEAD. 

This  reservation  is  situated  in  Kitsap  County,  on  the  west  side  of 
the  entrance  to  Hoods  Canal,  in  T.  28  N.,  R.  1  E.,  and  contains  43.25 
acres. 

Title. — Reserved  for  military  purposes  by  Executive  order  dated 
September  22,  1866.  The  order  reserved  640  acres  if  the  title  should 
be  found  to  be  in  the  United  States.  Upon  final  designation  by  the 
War  Department  the  area  was  reduced  to  614.25  acres.  The  present 
area  is  that  first  above  stated. 

Jurisdiction. — See  section  1,  article  25,  of  the  constitution  of  the 
State  of  Washington,  and  act  of  the  State  legislature  approved 
February  24,  1891,  under  the  title  "  General  acts  of  cession." 

HOPE    ISLAND    AND    SKAGIT    ISLAND. 

This  reservation  is  situated  east  of  Deception  Pass,  in  T.  34  N., 
R.  2  E.  of  the  Willamette  meridian,  and  comprises  two  small 
islands,  containing  a  combined  area  of  200  acres. 

Title. — Reserved  for  military  purposes  by  Executive  order  dated 
September  22,  1866. 

Jurisdiction. — See  section  1,  article  25,  of  the  constitution  of  the 
State  of  Washington,  and  act  of  the  State  legislature  approved 
February  24,  1891,  under  title  "  General  acts  of  cession." 

LAGOON  POINT. 

This  reservation  is  situated  in  Island  County,  on  the  east  side  of 
Admiralty  Inlet,  opposite  Marrowstone  Island,  and  contains  206 
acres,  more  or  less.  It  comprises  lots  1,  2,  and  3,  and  the  W.  ^  of  SE. 
J  of  sec.  18,  in  T.  30  N.,  R.  2  E.  of  the  Willamette  meridian. 

Title. — Deed  from  Calvin  Philips  and  wife,  dated  April  2,  1909, 
conveying  the  entire  tract.  Recorded  in  vol.  25,  page  476,  of  the 
deed  records  of  Island  County. 

Jurisdiction. — See  acts  of  State  legislature  approved  January  23, 
1890,  and  February  24, 1891,  under  the  title  "  General  acts  of  cession." 


WASHINGTON.  449 

FORT  LAWTON. 

This  reservation  is  situated  at  Magnolia  Bluff,  near  the  city  of 
Seattle,  and  comprises  an  area  of  about  640  acres,  exclusive  of  the 
tide  lands  and  harbor  areas,  with  metes  and  bounds  as  given  in 
G.  O.  120,  W.  D.,  June  3,  1907.  The  lands  were  donated  to  the 
Government  by  the  city  of  Seattle,  under  act  of  Congress  of  March 
2,  1895  (28  Stat,  945). 

Title.— I.  Deed  from  John  Sullivan,  dated  October  14,  1896,  con- 
veying 160  acres.  Recorded  in  volume  215,  page  240,  of  the  deed 
records  of  King  County. 

2.  Deed  from  the  State  of  Washington,  dated  June  2,  1897.  con- 
veying certain  tide  lands.     Recorded  in  volume  221,  page  273,  of 
same  records. 

3.  Deed  from  Christian  Scheuerman  and  wife,  dated  June  14, 
1897,  conveying  1.51  acres.     Recorded  in  volume  222,  page  349,  of 
same  records. 

4.  Deed  from  Anna  Sophia  Brygger,  dated  June  26,  1897,  convey- 
ing a  strip  of  land  for  a  roadway.    Recorded  in  volume  222,  page 
358,  of  same  records. 

5.  Deed  from  Ole  Schillestad  and  wife,  dated  June  26,  1897.  con- 
veying a  strip  of  land  for  a  roadway.     Recorded  in  volume  222, 
page  361,  of  same  records. 

6.  Deed  from  Gustaf  Anderson,  dated  June  26,  1897,  conveying  a 
strip  of  land  for  a  roadway.    Recorded  in  volume  222,  page  363,  of 
same  records. 

7.  Deed  from  C.  F.  Anderson  and  wife,  dated  June  26,  1897,  con- 
veying a  strip  of  land  for  a  roadway.     Recorded  in  volume  222, 
page  365,  of  same  records. 

8.  Deed  from  Thomas  W.  Prosch  and  wife,  dated  June  29,  1897, 
conveying  ten  tracts  of  land,  containing  in  the  aggregate  310.87 
acres.    Recorded  in  volume  222,  page  352,  of  same  records. 

9.  Deed  from  Thomas  W.  Prosch  and  wife,  dated  June  29,  1897, 
conveying  20.1  acres.     Recorded  in  volume  222,  page  355.  of  same 
records. 

10.  Quitclaim  deed  from  the  Smith  Cove  Land  Co.,  dated  July 
15,  1897,  conveying  a  strip  of  land  for  a  roadway.     Recorded  in 
volume  220,  page  358,  of  same  records. 

11.  Deed  from  the  State  of  Washington,  dated  July  17,  1897,  con- 
veying certain  tide  lands.     Recorded  in  volume  220,  page  357,  of 
same  records. 

12.  Deed  from  Albert  T.  Bornan,  dated  July  26,  1897,  conveying 
2.50  acres.    Recorded  in  volume  155,  page  280,  of  same  records.    The 
above  deed  was  executed  for  the  purpose  of  correcting  the  name  of 
the  grantee  in  a  previous  deed  by  the  same  party,  dated  July  22,  1897. 

13.  Deed  from  King  County,  dated  July  29,  1897,  conveying  sev- 
eral tracts  of  land,  containing  in  the  aggregate  150.40  acres.     Re- 
corded in  volume  220,  page  435.  of  same  records.    The  above  deed  was 
executed  for  the  purpose  of  correcting  the  name  of  the  grantee  in  a 
previous  deed  by  the  same  party,  dated  July  19,  1897. 

14.  Deed  from  Lena  Graham,  dated  July  28,  1897,  conveying  2.41 
acres.    Recorded  in  volume  215,  page  340,  of  same  records. 

15.  Deed  from  Lena  Graham,  dated  July  28,  1897,  conveying  3.05 
acres.    Recorded  in  volume  222,  page  467,  of  same  records. 


450  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

16.  Deed  from  Sussanne  Scheuerman,  dated  July  28,  1897,  convey- 
ing 10.73  acres.    Recorded  in  volume  222,  page  464,  of  same  records. 

17.  Quitclaim  deed  from  Anna  E.  Ellicott,  dated  July  31,  1897, 
conveying  a  tract  of  31.18  acres,  excepting  therefrom  a  tract  of  5 
acres  previously  conveyed  for  lighthouse  purposes.     Recorded  in 
volume  219,  page  309,  of  same  records. 

18.  Deed  from  Catharine  Scheuerman,  dated  July  31, 1897,  convey- 
ing 10.97  acres.    Recorded  in  volume  215,  page  339,  of  same  records. 

19.  Deed  from  Mary  Jenott,  dated  August  3,  1897,  conveying  7.68 
acres.    Recorded  in  volume  222,  page  461,  of  same  records. 

20.  Quitclaim   deed   from   Thomas   W.   Prosch   and   wife,   dated 
August  4,  1897,  conveying  the  undivided  eleven-twentieths  of  lots  1 
and  2,  sec.  9,  T.  25  N.,  R.  3  E.  of  the  Willamette  meridian.    Recorded 
in  volume  204,  page  413,  of  same  records. 

21.  Deed  from  Bertha  Bradowich  and  husband,  dated  August  5, 
1897,  conveying  5.45  acres.    Recorded  in  volume  220,  page  429,  of 
same  records. 

22.  Deed  from  Horace  D.  Chapin,  dated  August  19,  1897,  convey- 
ing a  strip  of  land  for  a  roadway.    Recorded  in  volume  221,  page  490, 
of  same  records. 

23.  Deed  from  Joseph  Bradowich  and  wife,  dated  September  4, 
1897,  conveying  0.25  acre.    Recorded  in  volume  190,  page  295,  of  same 
records. 

24.  Deed  from  Christian  Scheuerman  and  wife,  dated  September  7, 
1897,  conveying  1.51  acres.    The  above  deed  modifies  deed  from  same 
parties  (numbered  3,  supra),  in  respect  to  the  privilege  of  turning 
aside  and  diverting  a  certain  creek  to  prevent  its  flowing  over  the 
lands  conveyed.    Recorded  in  volume  222,  page  432,  of  same  records. 

25.  Quitclaim  deed  from  John  B.  Allen  and  wife  et  al.,  dated  Sep- 
tember 11, 1897,  conveying  the  SE.  |  of  the  SE.  J  of  the  SW.  J  of  sec. 
10,  in  T.  25  N.,  R.  3  ^E.  of  the  Willamette  meridian.    Recorded  in 
volume  224,  page  612,  of  same  records. 

26.  Deed  from  Christian  Scheuerman,  dated  January  28,  1898,  con- 
veying 1.51  acres.    Recorded  in  volume  221,  page  629,  of  same  records. 
The  above  deed  takes  the  place  of  deeds  numbered  3  and  24,  supra. 

27.  Deed  from  King  County,  dated  February  17,  1898,  conveying 
certain  land  therein  described.    Recorded  in  volume  221,  page  633,  of 
same  records. 

28.  Deed  from  Acting  Secretary  of  War  dated  September  13,  1912, 
under  act  of  August  24,  1912  (37  Stat,  439),  conveying  title  of  the 
United  States  to  roadway  acquired  under  deeds  4,  5,  6,  7,  10,  22,  and 
27,  supra,  upon  the  condition  that  the  roadway  be  maintained  with- 
out cost  as  a  city  street.    Title  accepted  by  city  ordinance  of  October 
14,  1912. 

Title  to  the  tide  lands  was  ceded  by  an  act  of  the  State  legislature, 
approved  March  20,  1890,  under  "General  grant  of  adjacent  tide 
lands." 

Easement. — Act  of  Congress  of  May  2,  1908  (35  Stat.,  99),  grants 
to  the  city  of  Seattle  right  of  way  through  the  reservation  for  sewer 
and  drainage  purposes  and  the  right  to  open  and  maintain  a  public 
street  along  the  southern,  eastern,  and  northern  boundaries. 

Revocable  licenses. — November  16,  1904,  and  June  24,  1907,  to  the 
Seattle  Electric  Co.  to  construct  and  operate  extensions  to  its  electric 
street  railway  system  on  the  reservation  and  Government  road. 


WASHINGTON.  451 

May  21, 1906,  to  Will  H.  Parry,  J.  A.  Nadeau,  Fonda  Nadeau,  and 
W.  K.  Owens  for  water-pipe  line  and  for  electric  light  and  telephone 
line. 

December  15, 1909,  and  November  20, 1911,  to  the  Pacific  Telephone 
&  Telegraph  Co.  to  install  and  maintain  telephone  system  for  public 
and  private  service. 

April  6,  1914,  to  Department  of  Commerce  for  lighthouse  service 
to  connect  with  water-distributing  system  of  the  post. 

Jurisdiction. — See  acts  of  the  State  legislature  of  January  23,  1890, 
and  February  24,  1891,  under  title  "  General  acts  of  cession."  De- 
scription by  metes  and  bounds  and  map  of  reservation  filed  as  re- 
quired by  section  1  of  said  act  of  January  23,  1890. 

LOPEZ  ISLAND    (NORTHWEST  PORTION). 

This  reservation  is  situated  in  San  Juan  County,  in  Tps.  35  and  36 
N.,  R.  2  W.,  extending  between  and  including  within  its  limits  both 
Flat  Point  and  Upright  Point,  and  contains  an  area  of  634.60  acres. 

Title. — Set  apart  from  the  public  domain  and  declared  a  reserva- 
tion for  military  purposes  by  Executive  order  dated  July  2, 1875. 

Jurisdiction. — See  section  1,  article  25,  of  the  constitution  of  the 
State  of  Washington,  and  act  of  February  24,  1891,  under  title 
"General  acts  of  cession." 

LOPEZ   ISLAND    ( SOUTHWEST   PORTION). 

This  reservation  is  situated  in  San  Juan  County,  in  T.  34  N"., 
R.  2  W.,  directly  opposite  the  southeast  point  of  San  Juan  Island, 
and  includes  Bunch  Island  and  Whale  Rocks.  It  contains  an  area  of 
677.28  acres. 

Title. — Set  apart  from  the  public  domain  and  declared  a  reserva- 
tion for  military  purposes  by  Executive  order  dated  July  2, 1875. 

Lease. — For  five  years,  from  January  17,  1914,  to  Henry  C.  Bart- 
lett,  of  reservation,  for  grazing  and  agricultural  purposes. 

Revocable  license. — July  8,  1905,  to  Inter-Island  Telephone  Co.  for 
telephone  line  across  military  reservations  on  Lopez,  Canoe,  and 
Shaw  Islands,  and  for  cable  between  Lopez  and  Shaw  Islands. 

Jurisdiction. — See  section  1,  article  25,  constitution  of  the  State  of 
Washington,  and  act  of  the  State  legislature  approved  February  24, 
1891,  under  title  "  General  acts  of  cession." 

MIDDLE  POINT  AND  ORCHARD  POINT. 

This  reservation  is  situated  at  the  entrance  to  Port  Orchard,  in 
Kitsap  County,  and  contains  an  area  of  385.25  acres.  It  includes 
Middle  Point  and  Orchard  Point  and  the  abutting  tidelands.  Richs 
Passage,  a  small  bay  of  about  1  mile  in  width,  separates  the  above 
tract  from  Fort  Ward,  which  was  acquired  by  the  United  States  at 
the  same  time. 

Title. — Decree  of  condemnation  for  715.75  acres,  including  tide- 
lands,  in  cause  No.  1348,  entitled  "  The  United  States  v.  Annie  Ten- 
nant  et  al.,"  in  the  United  States  district  court  for  the  district  of 
Washington,  rendered  April  1,  1899,  and  filed  the  same  day  in  the 
clerk's  office  of  said  court.  Also  recorded  in  book  Y,  page  720,  of  the 
deed  records  of  Kitsap  County. 


452  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

Revocable  license. — June  8, 1909,  to  D.  O'Kelley,  of  Seattle,  Wash., 
to  construct  logging  road  on  reservation  of  Middle  Point. 

Jurisdiction. — Ceded  over  the  tidelands  adjoining  reservation  by 
act  of  State  legislature  approved  March  20,  1890.  For  general  juris- 
diction see  act  of  February  24,  1891,  as  set  out  under  title  "  General 
acts  of  cession."  Description  by  metes  and  bounds  and  map  of  reser- 
vation filed  on  February  28.  1914,  in  office  of  auditor  of  Kitsap 
County. 

NEE-AH    HARBOR     (EAST    SIDE    OF). 

This  reservation  is  situated  in  Clallam  County,  on  the  east  side  of 
Nee-ah  Harbor,  near  the  strait  of  Juan  De  Fuca,  and  contains  an 
area  of  398.5  acres. 

Title. — Set  apart  from  the  public  domain  and  declared  a  reserva- 
tion for  military  purposes  by  Executive  order  dated  June  9,  1868. 

Jurisdiction. — See  section  1,  article  25,  of  the  constitution  of  the 
State  of  Washington,  and  act  of  the  State  legislature  approved  Feb- 
ruary 24,  1891,  under  title  "  General  acts  of  cession." 

NEE-AH    HARBOR    (WEST   SIDE   OF). 

This  reservation  is  situated  in  Clallam  County,  on  the  west  side 
of  Nee-ah  Harbor,  near  the  strait  of  Juan  De  Fuca,  and  contains 
381.25  acres. 

Title. — Set  apart  from  the  public  domain  and  declared  a  reserva- 
tion for  military  purposes  by  Executive  order  dated  June  9,  18* 

Jurisdiction. — See  section  1,  article  25,  of  constitution  of  State 
of  Washington,  and  act  of  the  State  legislature  approved  February 
24, 1891,  under  the  title  "  General  acts  of  cession." 

NEW  DUNGENESS   HARBOR    (LANDS  ON    NORTH   SIDE  OF). 

This  reservation  is  situated  in  Clallam  County,  in  T.  31  N.,  R.  4  W., 
on  the  north  side  of  New  Dungeness  Harbor,  embracing  all  the 
peninsula  to  its  junction  with  the  mainland,  and  contains  258. 63  acres. 

Title. — Reserved  for  military  purposes  by  Executive  order  dated 
September  22,  1866.  The  order  reserved  300  acres  if  the  title  should 
be  found  to  be  in  the  United  States.  Upon  final  designation  by  the 
War  Department  the  area  was  reduced  to  that  first  above  stated. 

Jurisdiction. — See  section  1,  article  25,  of  constitution  of  the  State 
of  Washington,  and  act  of  the  State  legislature  approved  February 
24, 1891,  under  the  title  "  General  acts  of  cession." 

NEW    DUNGENESS    HARBOR     (LANDS    ON    SOUTH    SIDE   OF). 

This  reservation  is  situated  in  Clallam  County,  in  T.  31  N.,  Rs.  3 
and  4  W.,  on  the  south  side  of  New  Dungeness  Harbor. 

Title. — Reserved  for  military  purposes  by  Executive  order  dated 
September  22,  1866.  The  order  reserved  640  acres  if  the  title  should 
be  found  to  be  in  the  United  States.  Upon  final  designation  by  the 
War  Department  the  area  was  reduced  to  628  acres. 

The  present  area  not  occupied  by  private  parties  appears  to  be 
about  22.75  acres. 


WASHINGTON.  453 

Jurisdiction. — See  section  1,  article  25,  of  the  constitution  of  the 
State  of  Washington,  and  act  of  the  State  legislature  approved  Feb- 
ruary 24, 1891,  under  the  title  "  General  acts  of  cession." 

NODULE    POINT. 

This  reservation  is  situated  in  Jefferson  County,  on  the  west  side 
of  Admiralty  Inlet,  being  a  part  of  lots  1,  2,  and  3  and  the  W.  ^  of 
SE.  I  of  sec.  4,  and  lot  1  in  sec.  3,  T.  29  N.,  R.  1  E.,  Willamette 
meridian.  It  contains  182.58  acres. 

Title. — Decree  in  condemnation,  April  12,  1910,  in  cause  No.  4141, 
entitled  "  The  United  States  v.  Amos  Phinney  &  Co.  et  al.,"  in  the 
United  States  district  court  for  the  western  district  of  Washington, 
covering  the  area  described.  Recorded  in  volume  70,  page  12,  of 
the  deed  records  of  Jeiferson  County. 

Jurisdiction. — See  act  of  the  State  legislature  approved  February 
24,  1891,  under  title  "  General  acts  of  cession." 

POINT    DEFIANCE. 

This  reservation  is  situated  in  Pierce  County,  at  the  narrows  of 
Puget  Sound,  on  the  east  of  Commencement  Bay,  and  contains  an 
area  of  about  637.9  acres. 

Title. — Reserved  for  military  purposes  by  Executive  order  dated 
September  22,  1866.  which  order  reserved  640  acres  should  the  title 
be  found  to  be  in  the  United  States.  Upon  final  designation  by  the 
War  Department  the  area  was  reduced  to  637.9  acres. 

By  act  of  Congress,  approved  March  3,  1905  (33  Stat.,  1013),  this 
reservation  was  granted  to  the  city  of  Tacoma,  Wash.,  for  a  public 
park,  subject  to  the  right  of  the  United  States  to  use  the  same  for 
military,  naval,  or  lighthouse  purposes,  without  liability  for  dam- 
ages or  compensation  because  of  such  use — said  act  providing  fur- 
ther: "That  if  said  lands  shall  not  be  used  as  a  public  park,  tH 
same,  or  such  parts  thereof  not  so  used,  shall  revert  to  the  United 
States."  B  . 

Jurisdiction. — See  section  1,  article  25,  of  the  constitution  of  the 
State  of  Washington,  and  act  of  the  State  legislature  approved  Feb- 
ruary 24,  1891,  under  title  "  General  acts  of  cession." 

POINT  HUDSON. 

This  reservation  is  situated  at  the  entrance  to  Port  Townsend  and 
contains  about  0.10  acre. 

Title. — Reserved  for  military  purposes  by  Executive  order  dated 
September  22,  1866.  The  order  reserved  640  acres  if  the  title  should 
be  found  to  be  in  the  United  States.  The  portion  not  covered  by  per- 
fected land  claims  appears  to  be  about  0.10  acre. 

Jurisdiction. — See  section  1,  article  25,  of  the  constitution  of  the 
State  of  Washington  and  act  of  the  State  legislature  approved  Febru- 
ary 24, 1891,  under  title  "  General  acts  of  cession." 

PORT  MADISON    (AGATE  PASSAGE). 

This  reservation  is  situated  on  Agate  Passage  to  Port  Orchard,  in 
Kitsap  County,  and  contains  about  70.50  acres.  It  comprises  that 


454  UNITED    STATES    MILITARY   RESERVATIONS,  ETC. 

portion  of  the  Port  Madison  Indian  Reservation,  designated  as  lots 
4  and  5  of  sec.  21  and  lots  1  and  2  of  sec.  28,  T.  26  N.,  R.  2  E., 
Willamette  meridian. 

Title. — Acquired  by  conveyances  from  certain  Indians  pursuant 
to  agreement  ratified  by  Congress  on  March  3,  1905  (33  Stat,  1078), 
said  conveyances  being  recorded  in  the  auditor's  office  of  Kitsap 
County,  Wash.,  in  deed  book  43,  pages  764,  766,  768,  and  769.  By 
order  of  the  President,  dated  July  29,  1905,  the  lands  were  formally 
reserved  for  military  purposes.  A  description  thereof  is  published  in 
G.  O.  130,  W.  D.,  August  5,  1905. 

Revocable  license. — August  17, 1904,  to  Postal  Telegraph- Cable  Co. 
to  reconstruct  its  line  through  the  reservation. 

Jurisdiction. — See  "  General  acts  of  cession." 

PROTECTION  ISLAND   (LAND  OPPOSITE  TO). 

This  reservation  is  situated  at  Cape  George  on  the  east  side  of  the 
entrance  to  Port  Discovery,  in  Jefferson  County,  in  T.  30  N.,  R.  1  W., 
and  contains  about  354.25  acres. 

Title. — Reserved  for  military  purposes  by  Executive  order  dated 
September  22,  1866.  The  order  reserved  640  acres  if  the  title  should 
be  found  to  be  in  the  United  States.  Upon  final  designation  by  the 
War  Department  the  area  was  reduced  to  354.25  acres.  It  is  possible 
that  this  latter  area  may  be  still  further  reduced  by  excepting  tracts 
found  to  have  been  disposed  of  prior  to  the  date  of  the  above  order. 

Jurisdiction. — See  sec.  1,  article  25,  of  the  constitution  of  the  State 
of  Washington  and  act  of  the  State  legislature  approved  February 
24, 1891,  under  title  "  General  acts  of  cession." 

SAN  JUAN  ISLAND   (EASTERN  SIDE  OF). 

This  reservation  is  situated  in  San  Juan  County  in  sees.  1,  2, 11, 12, 
and  13,  T.  35  N.,  R.  3  W.  It  comprises  the  locality  known  as  Point 
Caution,  and  includes  also  Reid  Rock,  a  reef  lying  midchannel  be- 
tween this  reservation  and  the  western  reservation  on  Shaw  Island. 
It  contains  an  area  of  484.31  acres. 

Title. — Forming  a  part  of  the  public  domain  it  was  declared  and 
set  apart  as  a  military  reservation  by  Executive  order  dated  Julv  2, 
1875.  This  order  reserved  640  acres,  but  the  title  to  so  much  not  being 
in  the  United  States  at  date  of  order  the  area  was  designated  by  the 
War  Department  as  above  noted. 

Lease. — For  five  years  from  January  1,  1913,  to  Cecil  L.  Carter 
of  the  entire  reservation. 

Revocable  license. — October  24,  1904,  to  International  Telephone 
Co.  for  telephone  line. 

Jurisdiction. — See  section  1,  article  25,  of  the  constitution  of  the 
State  of  Washington  and  act  of  the  State  legislature  approved  Feb- 
ruary 24, 1891,  under  title  "  General  acts  of  cession." 

SAN  JUAN  ISLAND    (SOUTHEAST  POINT  OF). 

This  reservation  is  situated  on  San  Juan  Island,  in  T.  34  K,  R.  2 
W.,  Willamette  meridian,  and  includes  Cattle  Point,  Rocky  Penin- 
sula, Neck  Point,  and  Mount  Finlayson.  It  contains  an  area  of  about 
640  acres. 


WASHINGTON.  455 

Title. — Forming  a  part  of  the  public  domain  it  was  declared  and 
set  apart  as  a  military  reservation  by  Executive  order  dated  July  2, 
1875.  This  order  was  afterwards  amended  by  Executive  order  dated 
March  20,  1889,  which  last  order  was  amended  by  Executive  order 
dated  May  20, 1889,  so  as  to  embrace  lot  1  of  sec.  5 ;  lots  4,  5,  6,  7,  8,  9, 
and  12,  SW.  J  of  NE.  J  and  SE.  J  of  NE.  J  of  sec.  7 ;  and  lots  1,  2. 
3,  4,  5,  6,  and  7,  and  SW.  J  of  NW.  J,  and  SE.  J  of  NW.  J  of  sec.  8 
of  the  above  township  and  range,  with  the  area  above  stated. 

Lease. — For  five  years  from  January  19,  1916,  to  Mrs.  George 
Jackie  of  the  above  reservation. 

Jurisdiction. — See  section  1,  article  25,  of  the  constitution  of  the 
State  of  Washington  and  act  of  the  State  legislature  approved  Feb- 
ruary 24, 1891,  under  title  "  General  acts  of  cession." 

SHAW  ISLAND    (EASTERN  SIDE  OF). 

This  reservation  is  situated  in  San  Juan  County,  in  T.  36  N.,  R.  2 
W.,  and  contains  an  area  of  594.9  acres. 

Title. — It  was  set  apart  from  the  public  domain  and  reserved  for 
military  purposes  by  Executive  order  dated  July  2,  1875,  as  contain- 
ing 640  acres.  The  area  was  subsequently  found  to  be  less  than  that 
reserved  and  upon  final  designation  by  the  War  Department  was 
reduced  to  that  above  stated. 

Jurisdiction. — See  section  1,  article  25,  of  constitution  of  the  State 
of  Washington  and  act  of  the  State  legislature  approved  February 
24, 1891,  under  the  title  "  General  acts  of  cession." 

SHAW    ISLAND    (WESTERN    SIDE    OF). 

This  reservation  is  situated  in  San  Juan  County,  in  T.  36  N.,  R. 
2  W.,  and  includes  George  Point  and  Neck  Point  on  the  western 
shore  of  the  island.  It  contains  an  area  of  471.5  acres,  with  metes 
and  bounds  as  announced  in  G.  O.  136,  W.  D.,  July  6, 1909. 

Title. — It  was  originally  set  apart  from  the  public  domain  and 
reserved  for  military  purposes  by  Executive  order,  dated  July  2, 
1875;  but  this  order  was  amended  by  Executive  orders  of  May  12 
and  June  26, 1909,  so  as  to  exclude  certain  lands  erroneously  included 
in  patents  to  private  parties,  and  other  lands  not  subject  to  reserva- 
tion when  the  original  reservation  was  made. 

Lease. — September  8,  1914,  of  entire  reservation  to  A.  D.  Tift  for 
five  years  from  September  1,  1914. 

Revocable  licenses. — October  24,  1904,  to  International  Telephone 
Co.  for  telephone  line. 

April  6,  1908,  to  P.  A.  Jensen  to  maintain^logging  road  constructed 
by  Friday  Harbor  Lumber  &  Manufacturing  Co.  under  license  of 
June  28,  1905. 

See  "  Lopez  Island  "  for  license  to  Inter-Island  Telephone  Co. 

Jurisdiction. — See  section  1,  article  25,  of  the  constitution  of  the 
State  of  Washington,  and  act  of  the  State  legislature,  approved 
February  24,  1891,  under  title  "  General  acts  of  cession." 

FORT  SPOKANE    (oi.D   SITE). 

This  reservation  is  situated  in  T.  28  N.,  R.  36  E.,  in  Lincoln  County, 
and  contains  an  area  of  640  acres. 


456  UNITED   STATES    MILITARY   RESERVATIONS,  ETC. 

Title. — As  a  part  of  the  public  domain  it  was  set  apart  and  declared 
a  military  reservation  by  Executive  order,  dated  January  12,  1882, 
which  was  afterwards  modified  by  Executive  order,  dated  November 
17,  1887,  excepting  from  reservation  all  lands  within  the  limits  de- 
scribed heretofore  granted,  entered  upon  by  settlers,  or  in  any  way 
reserved. 

Under  authority  of  act  of  Congress  approved  July  31,  1882  (22 
Stat,  181),  the  reservation  was  turned  over  to  the  custody  and  con- 
trol of  the  Secretary  of  the  Interior,  August  28,  1899,  for  Indian 
school  purposes,  so  long  as  it  may  not  be  required  for  military 
occupation. 

Jurisdiction. — See  section  1,  article  25,  of  the  constitution  of  the 
State  of  Washington,  and  act  of  the  State  legislature,  approved  Feb- 
ruary 24,  1891,  under  title  "  General  acts  of  cession." 

SUCIA  ISLANDS. 

This  reservation  is  situated  in  San  Juan  County,  in  the  Gulf  of 
Georgia,  being  approximately  in  sees.  23,  24,  25,  and  26,  of  T.  38  N.. 
R.  2  W.,  Willamette  meridian,  and  contains  an  area  of  377.4  acres. 

Title. — The  islands  were  original!}7  reserved  by  Executive  order, 
dated  July  13,  1892,  for  lighthouse  purposes,  which  order  was  can- 
celed by  Executive  order  dated  March  4,  1896,  and  excepting  lands 
embraced  within  two  permanent  locations  for  lighthouse  purposes, 
the  islands  were  reserved  for  military  purposes.  By  a  later  ordei% 
dated  December  12,  1896,  the  Executive  turned  over  to  the  Interior 
Department,  under  authority  of  the  act  of  Congress,  approved  Julv 
5,  1884  (23  Stat.,  103),  all  the  land  embraced  in  the  mineral  applica- 
tion No.  97,  known  as  the  "  Sucia  Island  Stone  Mine,"  reducing  the 
area  to  the  acreage  as  stated  above. 

Jurisdiction. — See  act  of  the  State  legislature,  approved  February 
94, 1891,  under  the  title  "  General  acts  of  cession." 

TALA  POINT. 

This  reservation  is  situated  in  Jefferson  County,  on  the  west  side 
of  the  entrance  to  Hoods  Canal  and  southwest  from  Double  Bluff 
Military  Reservation,  in  T.  28  N.,  R.  1  E.,  and  contains  about  162.25 
acres. 

Title. — Reserved  for  military  purposes  by  Executive  order  dated 
September  22,  1866.  The  order  reserved  640  acres  if  the  title  should 
be  found  to  be  in  the  United  States.  Upon  final  designation  by  the 
War  Department  the  area  was  reduced  to  615.25  acres.  The  present 
area  is  about  162.25. 

Lease. — April  28, 1914,  for  five  years  from  April  10,  1914,  to  Puget 
Mill  Co. 

Jurisdiction. — See  section  1,  article  25.  of  the  constitution  of  the 
State  of  Washington  and  act  of  the  State  legislature  approved  Feb- 
ruary 24, 1891,  under  title  "  General  acts  of  cession." 

THREE   TREE   POINT. 

This  reservation  is  situated  in  Wahkiakum  County,  in  T.  9  N.,  R. 
7  W.,  on  the  right  bank  of  the  Columbia  River,  nearly  opposite  the 
east  end  of  Wood  Island,  and  contains  an  area  of  640  acres. 


WASHINGTON.  457 

Title. — Set  apart  from  the  public  domain  and  reserved  for  military 
purposes  by  Executive  order  dated  July  31,  1865. 

Easement. — Permission  given  by  the  Secretary  of  War,  November 
12,  1908,  to  the  Grays  Harbor  &  Columbia  River  Railway  Co.,  under 
act  of  Congress  approved  March  26,  1908  (35  Stat.,  47),  to  construct 
railroad  and  telegraph  line  through  the  reservation. 

Revocable  license. — June  22,  1901,  to  the  Crown  Paper  Co.  to  con- 
struct a  skid  or  logging  road  across  the  reservation. 

Jurisdiction. — See  section  1,  article  25,  of  the  constitution  of  the 
State  of  Washington  and  act  of  the  State  legislature  approved  Feb- 
ruary 24, 1891,  under  title  "  General  acts  of  cession." 

FORT  TOWN  SEND. 

This  reservation  is  situated  on  the  west  side  of  Port  Townsend  Bay, 
about  3  miles  from  Port  Townsend,  in  Jefferson  County,  and  con- 
tains about  614  acres,  with  metes  and  bounds  as  announced  in  G.  O. 
164,  W.  D.,  December  11, 1911. 

Title. — The  reservation  was  proclaimed  by  Executive  order  dated 
January  29,  1859.  By  Executive  order  dated  April  1,  1895,  the 
reservation  was  turned  over  to  the  Interior  Department,  but  on  April 
30,  1896,  the  order  of  disposition  was  revoked  and  rescinded  by  the 
President,  and  the  tract  was  again  set  apart  as  a  military  reservation. 

Revocable  license. — November  29,  1911,  to  the  Olympia  Power  Co. 
for  electric  transmission  line  on  poles  across  reservation. 

Jurisdiction. — See  section  1,  article  25,  of  the  constitution  of  the 
State  of  Washington  and  act  of  the  State  legislature  approved  Feb- 
ruary 24, 1891,  under  title  "  General  acts  of  cession." 

VANCOUVER  BARRACKS. 

This  reservation  is  situated  on  the  right  bank  of  the  Columbia 
River,  120  miles  from  its  mouth  and  5  miles  east  of  its  confluence  with 
the  Willamette  River,  in  Clarke  County,  and  contains  an  area  of 
640.47  acres. 

Title. — A  reservation  10  miles  square  was  made  here  by  an  order  of 
the  Secretary  of  War,  dated  January  29,  1848,  and  under  that  order 
Col.  W.  W.  Loring,  on  behalf -of  the  United  States,  by  an  order  dated 
October  31,  1850,  defined  the  limits  of  said  reservation,  including  an 
area  of  about  16  square  miles,  subject  to  any  and  all  valid  claims  of 
the  Hudson  Bay  Co.  and  others,  as  provided  for  in  the  treaty  between 
the  United  States  and  Great  Britain,  dated  July  17,  1846.  By  in- 
structions from  the  War  Department,  dated  October  29, 1853,  the  area 
was  reduced  to  640  acres  and  the  boundaries  thereof  published  in 
General  Orders,  dated  December  8,  1854,  Headquarters  Fort  Van- 
couver, Washington  Territory.  By  an  order  of  the  War  Department, 
dated  July  15,  1875,  the  boundaries  of  the  reservation  were  again 
defined  and  published  in  General  Orders,  No.  22,  Headquarters  De- 
partment of  the  Columbia,  October  12,  1875,  giving  the  same  area  as 
that  set  out  under  General  Orders  dated  December  8,  1854.  supra. 
The  action  of  the  Secretary  of  War  was  confirmed  by  the  President 
and  published  in  Executive  order  dated  January  15,  1878, 

Deed  from  the  Bishop  of  Nesqually  (Edward  J.  O'Dea).  as  trustee 
of  the  Mission  of  St.  James,  dated  April  8,  1905,  releasing  to  the 


458  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

United  States  all  claims  of  said  mission  to  the  land  embraced  within 
the  reservation,  etc.  Recorded  in  book  58,  page  435,  of  the  deed 
records  of  Clarke  County.  (See  act  of  Mar.  3, 1905,  33  Stat,  2006.) 

Deed  from  the  governor  of  the  State  of  Washington,  dated  March 
26,  1913,  granting  to  the  United  States  the  tide  and  shore  lands  in 
front  of  the  reservation.  Recorded  in  book  101,  page  626,  of  the  same 
records. 

Easements. — Act  of  Congress  approved  March  3,  1903  (32  Stat., 
1028),  authorized  the  Secretary  of  War  to  grant  a  right  of  way 
through  the  reservation  to  the  Portland,  Vancouver  &  Yakima  Rail- 
way Co.  Location  approved  by  the  Secretary  of  War,  February  12, 
1904.  Change  in  location  authorized  May  12, 1906. 

Permission  granted  July  19,  1909,  to  city  of  Vancouver  under  sec- 
tion 6,  act  of  July  5, 1884  (23  Stat.,  103),  to  widen  roadway  known  as 
Reserve  Street,  on  west  side  of  reservation. 

Revocable  licenses. — License,  under  authority  of  act  of  Congress 
approved  January  19,  1877  (19  Stat,  503),  to  the  Vancouver  Water 
Co.  to  lay  water  pipes  through  the  reservation. 

May  14,  1891,  to  the  Columbia  Land  &  Improvement  Co.  to  lay, 
maintain,  and  use  a  line  of  underground  water  pipe  across  the  reser- 
vation. 

July  8,  1902,  to  the  Vancouver  Water  Works  Co.  to  lay  and  main- 
tain a  7-inch  water  main  across  the  reservation. 

April  5,  1906,  to  the  Pacific  States  Telephone  &  Telegraph  Co.  for 
telephone  system. 

October  10, 1906,  to  J.  P.  Ford  and  F.  L.  Purse  for  water-pipe  line. 

May  13,  1907,  to  Northwestern  Long  Distance  Telephone  to.  for 
telephone  line. 

May  17,  1911,  to  Mount  Hood  Railway  &  Power  Co.,  of  Portland, 
Oreg.,  for  an  electric  pole  line  on  and  across  the  reservation. 

May  31, 1911,  to  Washington-Oregon  Corporation  to  lay  and  main- 
tain gas  main. 

May  31, 1911,  to  same  for  an  electric  pole  line  across  the  northwest 
corner  of  reservation. 

December  19,  1913,  to  Minsinger  Bros.  &  Co.  to  operate  and  main- 
tain a  commercial  wharf,  constructed  under  license  of  October  14, 
1911,  on  reservation. 

Jurisdiction. — See  section  1,  article  25,  of  the  constitution  of  the 
State  of  Washington,  and  act  of  the  State  legislature  approved  Feb- 
ruary 24,  1891,  under  title  "  General  acts  of  cession." 

Description  by  metes  and  bounds  and  map  of  reservation  filed  as 
required  by  section  1  of  above  article  25  of  the  constitution  of  the 
State. 

VANCOUVER   POINT. 

This  reservation  is  situated  in  Jefferson  County,  in  Tps.  29  and  30 
N.,  R.  2  W.,  on  the  west  side  of  Port  Discovery,  and  contains  about 
603  acres. 

Title. — Reserved  for  military  purposes  by  Executive  order  dated 
September  22. 1866.  This  order  reserved  640  acres  if  the  title  should 
be  found  to  be  in  the  United  States.  Upon  final  designation  by  the 
War  Department,  the  area  was  reduced  to  603  acres.  It  is  possible 
that  this  latter  area  may  be  still  further  reduced  by  excepting  tracts 
found  to  have  been  disposed  of  prior  to  the  date  of  the  above  order. 


WASHINGTON.  459 

Easement. — Act  of  Congress  approved  August  24,  1912  (37  Stat., 
492),  granted  a  right  of  way  through  the  reservation  to  the  Seattle, 
Port  Angeles  &  Lake  Crescent  Railway  upon  location  to  be  approved 
by  the  Secretary  of  War.  Location  approved  by  instrument  dated 
June  12,  1913. 

Jurisdiction. — See  section  1,  article  25,  of  the  constitution  of  the 
State  of  Washington,  and  act  of  the  State  legislature  approved  Feb- 
ruary 24, 1891,  under  title  "  General  acts  of  cession." 

VASHON    ISLAND. 

This  reservation  is  situated  near  the  city  of  Tacoma  and  contains 
about  480  acres. 

Title. — Set  apart  from  the  public  domain  and  declared  a  reserva- 
tion for  military  purposes  by  Executive  order  dated  June  9,  1868. 

Easement. — Permission,  December  29,  1913,  to  board  of  county 
commissioners  of  King  County  under  authority  of  section  6  of  act 
of  July  5,  1884  (23  Stat.,  103),  to  extend  county  road  across  reserva- 
tion. 

Lease. — February  7,  1914,  to  James  Bachelor  for  five  years  from 
February  5,  1914,  of  entire  reservation. 

Jurisdiction. — See  section  1,  article  25,  of  the  constitution  of  the 
State  of  Washington,  and  act  of  the  State  legislature  approved  Feb- 
ruary 24, 1891,  under  title  "  General  acts  of  cession." 

WAADAH  ISLAND. 

This  reservation  is  situated  in  Clallam  County,  on  the  east  side  of 
Nee-ah  Harbor,  near  the  entrance  to  the  Strait  of  Juan  de  Fuca,  and 
contains  an  area  of  about  29  acres. 

Title. — Set  apart  from  the  public  domain  and  declared  a  reserva- 
tion for  military  purposes  by  Executive  order  dated  June  9,  1868. 

Revocable  license. — December  3,  1906,  to  Life-Saving  Service  to 
occupy  about  4  acres  at  southern  end  of  the  island. 

Jurisdiction. — See  section  1.  article  25,  of  the  constitution  of  the 
State  of  Washington,  and  act  of  the  State  legislature  approved  Feb- 
ruary 24, 1891,  under  title  "  General  acts  of  cession." 

FORT  WALLA  WALLA. 

This  reservation  is  situated  1  mile  from  Walla  Walla,  in  Walla 
Walla  County,  in  T.  7  N.,  R.  36  W.,  and  contains  an  area  of  611.73 
acres,  with  metes  arid  bounds  as  announced  in  G.  O.  184,  W.  D., 
December  6,  1904. 

Title. — Declared  a  reservation  for  military  purposes  by  Executive 
order  dated  May  13,  1859.  By  act  of  Congress  approved  February 
24,  1871  (16  Stat.,  430),  the  "Secretary  of  War  was  authorized  to 
transfer  the  reservation  to  the  Secretary  of  the  Interior  for  disposi- 
tion, and  under  date  of  July  16,  1872,  the  Secretary  of  War,  in 
accordance  with  said  act  of  February  24,  1871,  transferred  the  reser- 
vation to  the  Interior  Department.  The  Interior  Department  hav- 
ing returned  the  reservation  to  the  War  Department,  it  was  again 
announced  as  a  reservation  for  military  purposes  by  General  Orders, 
No.  24,  Department  of  the  Columbia,  August  25,  1873.  October  26, 


460  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

1875,  the  whole  of  the  timber  and  part  of  the  hay  reservation  was  by 
the  Secretary  of  War  relinquished  to  the  Interior  Department.  May 
3,  1880,  the  remainder  of  the  hay  reservation  was  relinquished  and 
•also  26.35  acres  of  the  military  reservation,  leaving  the  area  as  above 
stated. 

Easements.— Act  of  Congress  approved  July  3,  1876  (19  Stat.,  72). 
granted  a  right  of  way  100  feet  in  width  through  the  reservation  to 
the  Walla  Walla  &  Columbia  River  Railroad  Co.  (now  Oregon  Rail- 
road &  Navigation  Co.).  Location  approved  by  the  Secretary  of 
War  February  28,  1882. 

Permission,  November  5,  1904,  under  section  6,  act  of  Congress 
approved  July  5,  1884  (23  Stat,  103),  to  board  of  commissioners, 
Walla  Walla  County,  to  maintain  a  county  road  across  the  northern 
part  of  reservation. 

Permission,  April  26, 1905,  under  same  statute,  to  same  grantee,  for 
county  road  on  the  southern  edge  of  reservation. 

Revocable  licenses. — April  28.  1900,  to  the  Blalock  Fruit  Co.  to  lay 
a  vitrified-clay  pipe  across  the  northwesterly  corner  of  the  reserva- 
tion. 

November  23.  1905,  to  Mr.  R.  Harras  for  sewer  outlet  from  Gov- 
ernment sewer,  and  to  pipe  the  sewerage  therefrom  to  his  land. 

April  4,  1906,  to  the  Pacific  States  Telephone  &  Telegraph  Co.  for 
telephone  system. 

Jurisdiction. — See  section  1,  article  25,  of  the  constitution  of  the 
State  of  Washington,  and  act  of  the  State  legislature  approved  Feb- 
ruary 24,  1891,  under  title  of  "  General  acts  of  cession." 

FORT  WARD. 

This  reservation  is  situated  at  Bean  Point,  on  the  right  side  of 
Richs  Passage,  a  small  bay  of  about  1  mile  in  width  near  Port 
Orchard,  in  Kitsap  County,  and  contains  320.33  acres. 

Title  and  jurisdiction. — See  "Middle  Point"  and  "Orchard  Point." 

WASHINGTON  HARBOR    (EAST  SIDE  OF). 

This  reservation  is  situated  in  Clallam  County,  in  T.  30  N.,  R.  3  W., 
on  the  east  side  of  the  entrance  to  Washington  Harbor,  and  contains 
424  acres. 

Title. — Reserved  for  military  purposes  by  Executive  order  dated 
September  22,  1866.  The  order  reserved  640  acres  if  the  title  should 
be  found  to  be  in  the  United  States.  Upon  final  designation  by  the 
War  Department  the  area  was  reduced  to  that  above  stated,  excluding 
lands  embraced  in  donation  claim  of  George  H.  Gerrish,  per  Execu- 
tive order  of  January  9,  1893. 

•Jurisdiction. — See  section  1,  article  25,  of  the  constitution  of  the 
State  of  Washington,  and  act  of  the  State  legislature  approved  Feb- 
ruary 24,  1891,  under  title  "  General  acts  of  cession." 

WASHINGTON  HARBOR    (WEST  SIDE  OF). 

This  reservation  is  situated  in  Clallam  County,  in  T.  30  N.,  R.  3  W., 
on  the  west  side  of  the  entrance  to  Washington  Harbor,  and  contains 
about  473  acres. 


WASHINGTON.  461 

Title. — Reserved  for  military  purposes  by  Executive  order  dated 
September  22,  1866.  The  order  reserved  640  acres  if  the  title  should 
be  found  to  be  in  the  United  States.  Upon  final  designation  by  the 
War  Department  the  area  was  reduced  to  614  acres.  The  present 
area  appears  to  be  about  that  first  above  stated. 

Lease. — For  5  years,  from  June  9,  1914,  of  reservation  to  H.  J. 
Bugge. 

Jurisdiction. — See  section  1,  article  25,  of  the  constitution  of  the 
State  of  Washington,  and  act  of  the  State  legislature  approved  Feb- 
ruary 24,  1891.  under  title  "  General  acts  of  cession." 

WHIDBEYS  ISLAND    (NORTH  POINT  OF). 

This  reservation  is  situated  in  Island  County,  in  T.  34  N.,  Rs.  1 
and  2  E.,  it  being  the  most  northerly  point  of  the  island,  and  con- 
tains about  606  acres. 

Title. — Reserved  for  military  purposes  by  Executive  order  dated 
September  22,  1866.  The  order  reserved  640  acres  if  the  title  should 
be  found  to  be  in  the  United  States.  Upon  final  designation  by  the 
War  Department  the  area  was  reduced  to  606  acres.  It  is  possible 
that  this  latter  area  may  be  still  further  reduced  by  excepting  tracts 
found  to  have  been  disposed  of  prior  to  the  date  of  the  above  order. 

Easement.— Permission,  December  3,  1912,  to  board  of  county 
commissioners  of  Island  County  under  authority  of  section  6  of  act 
of  July  5,  1884  (23  Stat,  103)  to  extend  county  road  through  the 
two  military  reservations  in  the  extreme  northern  part  of  Whidbeys 
Island. 

Jurisdiction. — See  section  1,  article  25,  of  the  constitution  of  the 
State  of  Washington,  and  act  of  the  State  legislature,  approved 
February  24,  1891,  under  title  "  General  acts  of  cession." 

FORT  WHITMAN. 

This  reservation  is  situated  in  Skagit  County,  and  comprises  all 
of  Goat  Island,  embracing  lots  1  and  2  of  sec.  10,  and  lots  1  and  2 
of  sec.  11,  T.  33  K,  R.  2  E.,  Willamette  meridian.  It  contains  about 
129.40  acres. 

Title. — Deed  from  Henrietta  M.  Haller  (widow),  dated  February 
21,  1908,  conveying  entire  tract.  Recorded  in  volume  73,  page  207, 
of  the  deed  records  of  Skagit  County. 

Jurisdiction. — See  act  of  State  legislature  approved  January  23, 
J  890,  as  set  out  under  title  "  General  acts  of  cession."  Description 
by  metes  and  bounds  and  map  of  reservation  filed,  as  required  by 
eaid  act. 

FORT  WORDEN. 

This  reservation,  originally  called  Point  Wilson,  is  situated  in 
Jefferson  County,  at  Port  Townsend,  and  contains  an  area  of  about 
502.5  acres. 

Title. — A  tract  of  640  acres  was  reserved  for  military  purposes 
by  Executive  order  of  September  22,  1866,  but  the  greater  part  was 
covered  by  private  claims.  The  title  to  the  lands  acquired  by  pur- 
chnsc  is  as  follows: 


462  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

1.  Deed  from  Francis  W.  James,  dated  April  14,  1897,  conveying 
a  tract  of  2.06  acres  in  fractional  sec.  35,  T.  31  K,  R.  1  W.     Recorded 
in  volume  36,  page  265,  of  the  deed  records  of  Jefferson  County. 

2.  Deed  from  Samuel  B.  Harned,  dated  May  6,  1897,  conveying 
lot  3  of  sec.  35,  T.  31  N.,  R.  1  W.,  containing  1.38  acres.    Recorded 
in  volume  36,  page  263,  of  same  records. 

3.  Deed  from  T.  B.  Wilcox  and  wife,  dated  June  5,  1897,  convey- 
ing 3.60  acres  in  lot  3  of  fractional  sec.  35,  T.  31  N.,  R.  1  W.     Re- 
corded in  volume  36,  page  264,  of  same  records. 

4.  Deed  from  Louisa  Stall,  dated  April  17,  1897,  conveying  block 
52  of  the  Juan  de  Fuca  addition  to  the  city  of  Port  Townsend.    Re- 
corded in  volume  36,  page  267,  of  same  records. 

5.  Deed  from  Mary  Thompson  and  husband  et  al.,  dated  June  14, 
1897,  conveying  block  42  in  same  addition,  etc.     Recorded  in  volume 
47,  page  295,  of  same  records. 

6.  Deed  from  Walter  C.  Smith  and  wife,  dated  June  17,  1897, 
conveying  blocks  32  and  34  of  same  addition,  etc.     Recorded  in  vol- 
ume 47,  page  293,  of  same  records. 

7.  Deed  from  the  Starrett  Estate  Company,  dated  May  8,  1897, 
conveying  block  54  of  same  addition,  etc.     Recorded  in  volume  47, 
pages  366-367,  of  same  records. 

8.  Deed  from  Mary  J.  Tucker  and  husband,  dated  June  16.  1897, 
conveying  5.42  acres.    Recorded  in  book  48,  page  13,  of  same  records. 

9.  Deed  from  the  State  of  Washington,  dated  April  4,  1898,  con- 
veying certain  tide  lands.     Recorded  in  book  48,  page  16,  of  same 
records. 

10.  Decree  in  condemnation,  April  7,  1898,  in  cause  No.  1169,  en- 
titled "  The  United  States  v.  Charles  Eisenbeis  et  al.,"  in  the  United 
States  district  court  for  the  district  of  Washington,  northern  divi- 
sion, covering  84  acres  and  certain  lots  and  blocks  in  the  Juan  de 
Fuca  addition  to  Port  Townsend  and  adjacent  tide  lands.     Recorded 
in  volume  48,  pages  1-12  of  same  records. 

11.  Decree  in  condemnation,  January  30,  1902,  in  cause  entitled 
"The  United  States  v.  Helen  M.  Freeman  et  al.,"  in  the  United 
States  district  court  for  the  district  of  Washington,  northern  divi- 
sion, covering  certain  acreage  property  and  certain  lots  and  blocks 
in  the  Juan  de  Fuca  addition  and  in  Pettigrove's  second  addition 
to  Port  Townsend.    Recorded  in  volume  51.  page  486  of  same  records. 

12.  The  following  deeds  and  decrees  convey  title  to  sites  for  fire- 
control  stations  for  Fort  Worden  and  for  searchlights : 

a.  Deed  from  James  Simms  et  ux.,  dated  January  14,  1907,  con- 
veying two  tracts  aggregating  5.148  acres.    Recorded  in  volume  61, 
page  235,  of  same  records. 

b.  Deed  from  William  L.  Clark  et  ux.,  dated  January  22,  1907, 
conveying  lots  1,  2,  3,  and  4  of  block  2,  of  Drummond's  addition  to 
the  city  of  Port  Townsend.    Recorded  in  volume  58,  page  362,  of  same 
records. 

c.  Deed  from  Gertrude  Willison,  dated  January  16, 1907,  conveying 
lot  5  of  said  block.     Recorded  in  volume  62,  page  113,  of  same 
records. 

d.  Quitclaim  deed  from  A.  H.  Wanamaker  et  ux.,  dated  April  5, 
1907,  conveying  all  of  said  block  2.    Recorded  in  volume  58,  page  366, 
of  same  records. 


WEST   VIRGINIA.  463 

e.  Decree  in  condemnation,  October  14,  1909,  in  cause  No.  4030, 
entitled  "The  United  States  v.  James  Sims  et  al.,"  in  the  United 
States  district  court  for  the  western  district  of  Washington,  covering 
one  tract  of  upland  containing  5  acres  more  or  less,  and  one  tract 
of  tideland  in  front  of  same  containing  3  acres,  more  or  less.  Re- 
corded in  volume  67,  page  573,  of  same  record. 

/.  Deed  from  C.  Bishir,  and  wife  dated  February  7,  1910,  convey- 
ing 0.31  acre.  Recorded  in  volume  69,  page  303,  of  same  records. 

13.  Ordinance  of  the  city  of  Port  Townsend,  passed  July  16,  1907. 
granting  the  right  to  lay,  maintain,  and.  operate  underground  electric 
wires  upon  certain  public  streets  and  roads  in  said  city. 

14.  Ordinance  of  said  city  granting  same  privileges  as  to  certain 
other  streets,  passed  March  1,  1910. 

Revocable  licenses.— July  16,  1906,  to  Sunset  Telephone  &  Tele- 
graph Co.  for  telephone  line. 

October  3,  1908,  to  Pacific  Telephone  Co.  for  telephone  line. 

Jurisdiction. — See  acts  of  State  legislature  approved  January  23, 
1890,  and  February  24,  1891,  under  title  "General  acts  of  cession." 
Description  by  metes  and  bounds  and  map  of  reservation  filed  as 
required  by  section  1  of  said  act  of  January  23, 1890. 

WEST  VIRGINIA. 

GENERAL  ACT  OF  CESSION. 

4.  In  pursuance  of  the  seventeenth  clause  of  the  eighth  section  of  the  first 
article  of  the  constitution  of  the  United  States,  the  consent  of  the  Legislature  of 
West  Virginia  is  hereby  given  to  the  purchase  or  condemnation,  whether  hereto- 
fore or  hereafter  made  or  had  by  the  government  of  the  United  States,  or  under 
its  authority,  of  any  tract  or  parcel  of  land  within  the  limits  of  the  State,  for 
the  purpose  of  erecting  thereon  light-houses,  beacons,  signal  stations,  post  offices, 
customs  houses,  court  houses,  locks,  dam,  and  works  for  the  improvement  of  the 
navigation  of  any  water  course,  and  other  needful  buildings  or  structures.    The 
evidences  of  title  to  such  land  shall  be  recorded  as  in  other  cases.     But  the 
quantity  of  land  to  be  so  acquired  shall  not  exceed  twenty-five  acres  in  any  one 
place. 

5.  The  State  of  West  Virginia  reserves  the  right  to  execute  process,  civil  or 
criminal,  within  the  limits  of  any  lot  or  parcel  of  land  so  acquired  by  the  United 
States  as  aforesaid.     (Chap.  20,  acts  of  1881,  Code  of  West  Va.,  1906,  sees.  4 
and  5.) 

GRAFTON    NATIONAL    CEMETERY. 

This  reservation  is  situated  at  Grafton,  in  Taylor  County,  and 
contains  an  area  of  3.40  acres. 

Title. — 1.  Decree  of  condemnation  for  the  above  property  in  Ex 
parte  Jedediah  W.  Yates  et  al.  in  the  district  court  of  the  United 
States  for  the  district  of  West  Virginia.  Rendered  March  30,  1871, 
and  filed  with  the  record  in  said  cause  in  the  clerk's  office  of  said  court 
at  Clarksburg. 

2.  Deed  from  William  D.  Mackin  and  wife  et  al.,  dated  October 
26,  1874,  conveying  above  property.    Recorded  in  liber  12,  folio  323, 
etc.,  of  the  deed  records  of  Taylor  County. 

3.  Deed  from  William  D.  Mackin  and  wife  et  al.,  dated  June  21, 
1878,  conveying  a  strip  of  land  around  the  cemetery  containing  0.994 
square  feet  of  ground.    Recorded  in  book  14.  page  187,  etc.,  of  same 
records. 

Jurisdiction. — See  "  General  act  of  cession." 
12925°— 16 30 


464  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

WISCONSIN. 

GENERAL  ACT  OF  CESSION. 

SECTION  2.  The  consent  of  the  legislature  is  hereby  given  to  the  purchase 
by  the  United  States  of  any  place  or  places  within  the  state,  for  the  erection 
of  forts,  magazines,  arsenals,  dockyards,  or  other  needful  buildings,  under 
authority  of  any  act  of  the  Congress,  upon  condition  precedent  thereto,  that 
application  therefor,  setting  forth  an  exact  description  of  the  place  so  pur- 
chased, shall  be  made  by  an  authorized  officer  of  the  United  States  to  the 
governor,  accompanied  by  a  plat  of  such  place,  and  proof  that  all  conveyances 
necessary  to  the  unincumbered  title  of  the  United  States  have  been  recorded  in 
the  office  of  the  register  of  deeds  of  each  county  in  which  such  place  may  be 
situated,  and  that  the  governor  shall  execute  to  the  United  States,  in  duplicate, 
under  the  great  seal,  a  certificate  of  such  consent  and  compliance  with  these 
provisions,  which  he  shall  in  such  case  give,  one  of  which  to  be  delivered  to 
such  officer  of  the  United  States,  and  one  filed  with  the  secretary  of  state;  and 
upon  the  further  condition  that  the  state  shall  forever  retain  concurrent  juris- 
diction over  every  such  place  to  the  extent  that  all  legal  and  military  process 
issued  under  the  authority  of  the  state  may  be  executed  anywhere  on  such 
place  or  in  any  building  thereon,  or  any  part  thereof,  and  that  any  offense 
against  the  laws  of  the  state,  committed  on  such  place,  may  be  tried  and  pun- 
ished by  any  competent  court  or  magistrate  of  the  state,  V>  the  same  extent 
as  if  such  place  had  not  been  purchased  by  the  United  States.  The  certificate 
of  the  governor  shall  be  sufficient  evidence  of  the  consent  of  the  legislature  to 
such  purchase  upon  the  conditions  aforesaid. 

******* 

SEC.  4.  The  state  shall  have  concurrent  jurisdiction  over  every  place  within 
its  limfts  heretofore  ceded  to  the  United  States,  to  the  extent  mentioned  in 
section  two  respecting  the  execution  of  process  and  the  punishment  of  crime, 
until  the  Congress  shall  exercise  exclusive  legislation  over  any  such,  which  shall 
have  been  ceded  without  reservation.  (Wisconsin  Stats.,  1898,  pp.  136,  138.) 

FOREST  HILL  CEMETERY    (  SOLDIERS'  LOT). 

This  reservation  is  situated  in  the  Forest  Hill  Cemetery,  in  the  city 
of  Madison,  in  Dane  County,  and  includes  a  certain  burial  lot  known 
as  the  Soldiers'  Rest,  in  section  29,  in  said  cemetery,  and  an  addition 
thereto  acquired  in  1908. 

Title— I.  Deed  from  the  city  of  Madison,  dated  June  18,  1866. 
Recorded  in  volume  1,  page  286,  of  the  deed  records  of  the  Forest 
Hill  Cemetery  at  Madison. 

2.  Deed  from  the  city  of  Madison,  dated  March  20,  1908,  covering 
a  strip  of  land  20  feet  wide  adjoining  the  burial  lot,  previously  con- 
veyed, on  the  south.  Recorded  in  volume  194  of  deeds,  page  556, 
office  register  of  deeds,  Dane  County. 

FOREST  HOME  CEMETERY    (SOLDIERS'  LOT). 

This  reservation  is  situated  in  Forest  Home  Cemetery  near  the 
city  of  Milwaukee,  in  the  town  of  Lake,  fronting  on  the  road  leading 
from  Milwaukee  to  Janesville,  in  Milwaukee  County,  and  cr*nprises 
lots  numbered  5,  6,  7,  and  8,  in  block  No.  5,  of  section  No.  24,  in  said 
cemetery. 

Title. — Deed  from  the  rector,  wardens,  and  vestrymen  of  St.  Paul's 
Church  in  the  city  of  Milwaukee,  dated  November  11.  1872,  con- 
veying the  above  property.  Recorded  in  volume  129,  page  121,  etc., 
of  the  deed  records  of  Milwaukee  County. 


WISCONSIN.  465 

FORT   CRAWFORD    MILITARY    CEMETERY. 

This  cemetery  is  situated  in  block  13  of  the  Fort  Crawford  mili- 
tary tract  in  Prairie  du  Chien,  Crawford  County. 

Title. — 1.  Deed  from  Catharine  Lawler,  dated  December  31,  1904, 
conveying  portions  of  lots  7  and  8  of  said  block.  Eecorded  in  volume 
74  of  deeds,  page  157,  in  the  register's  office,  Crawford  County. 

2.  Deed  from  Theodore  Martner  and  wife,  dated  January  4,  1905, 
conveying  portions  of  lots  3  and  8  of  said  block.  Recorded  in  same 
office,  volume  73  of  deeds,  page  495. 

Jurisdiction. — Ceded  over  u  suitable  approach  "  to  said  cemetery 
by  State  act  of  June  19, 1905,  providing  as  follows: 

SECTION  1.  The  consent  of  the  state  of  Wisconsin  is  hereby  given  to  the  pur- 
chase, by  the  United  States,  of  any  tract  or  tracts  of  land  in  the  city  of  Prairie 
du  Chien,  Crawford  Couny,  Wisconsin,  for  use  as  a  suitable  approach  to  the 
Fort  Crawford  Military  Cemetery  at  Prairie  du  Chien  under  the  provisions  of 
an  act  of  congress,  approved  March  3,  1905,  and  the  state  hereby  cedes  to  the 
United  States  exclusive  jurisdiction  over  such  tract  or  tracts  of  land  as  shall 
be  purchased  for  the  purposes  aforesaid,  so  long  as  the  same  shall  remain  the 
property  of  the  United  States,  for  all  purposes  except  the  service  of  civil  or 
criminal  process  therein. 

SEC.  2.  The  lands  aforesaid,  when  so  purchased,  shall  hereafter  be  exempt 
from  all  taxes  and  assessments  levied  or  imposed  under  authority  of  the  state, 
so  long  as  the  same  shall  remain  the  property  of  the  United  States.  (Chap- 
440,  Laws  of  1905.) 

MILITIA  TARGET  RANGES. 

Near  La  Crosse. — This  range  is  situated  near  the  city  of  La 
Crosse,  in  La  Crosse  County,  and  contains  an  area  of  about  6  acres. 

Title. — Deed  from  Louis  C.  Pammel  and  wife,  dated  August  28, 
1912,  conveying  the  above  property.  Recorded  in  volume  120,  page 
354,  of  deeds  in  the  register's  office  of  La  Crosse  County.  Right  of 
way  across  same  was  reserved  for  the  use  of  the  grantors  when  such 
use  will  not  interfere  with  the  use  of  the  range  by  the  military 
authorities. 

By  lease  to  the  United  States  dated  June  1,  1912,  the  grantors  in 
the  foregoing  deed  and  Mathilde  Koch  let  to  the  United  States  for 
the  term  of  20  years  at  an  annual  rental  of  $15  two  small  parcels  of 
land  having  an  aggregate  area  of  about  one-tenth  acre,  for  use  in 
connection  with  said  rifle  range.  Recorded  in  volume  120  of  deeds, 
page  353,  of  same  records. 

Near  Milwaukee. — This  range  is  situated  in  the  town  of  Cale- 
donia, Racine  County,  and  contains  51.08  acres. 

Title.— Deed  from  the  Carlyle  Park  Co.,  dated  December  10,  1914, 
conveying  the  above  property.  Recorded  in  volume  153  of  deeds, 
page  229,  in  the  register's  office  of  Racine  County. 

MOUND  CEMETERY    (SOLDIERS'  LOT). 

This  reservation  is  situated  in  Mound  Cemetery,  near  the  city  of 
Racine,  in  the  county  of  Racine,  and  comprises  lots  1,  5,  and  6,  in 
block  No.  18,  in  said  cemetery. 

Title.— Deed  from  the  city  of  Racin.,  dated  May  22,  1868,  convey- 
ing the  above  property.  Recorded  in  book  55,  page  245,  of  the  deed 
records  of  Racine  County. 


466  UNITED    STATES    MILITARY   RESERVATIONS,  ETC. 

PROTESTANT  CEMETERY    (  SOLDIERS*  LOT). 

This  reservation  is 'situated  at  Prairie  du  Chien,  in  Crawford 
County,  and  embraces  a  lot  known  as  block  No.  62,  in  Prairie  du 
Chien  Land  Co.  (addition)  No.  1. 

Title. — Deed  from  John  S.  Lockwood,  proprietor,  dated  June  18, 
1866,  conveying  the  above  property.  Kecorded  in  book  21,  page  427, 
of  the  deed  records  of  Crawford  County. 

FORT  WINNEBAGO  MILITARY  CEMETERY. 

This  reservation  is  situated  at  Portage,  in  Columbia  County,  in 
the  SE.  J  of  the  SE.  J  of  sec.  33,  T.  13  N.,  E.  9  E.,  and  contains  about 
2  acres. 

Title. — Executive  order  of  February  9,  1835,  reserving  the  above 
section  33  and  several  contiguous  sections  for  military  purposes.  By 
authority  of  act  of  March  3,  1819  (3  Stat.,  520),  the  entire  reser- 
vation was  sold  under  the  direction  of  the  Secretary  of  War,  Sep- 
tember 1-10,  1853,  at  public  sale,  as  having  become  useless  for  mili- 
tary purposes.  The  cemetery  property  was  not  specifically  excepted 
from  this  sale,  but  its  area  was  not  included  in  the  area  given  in  the 
deed  of  sale  of  the  quarter  section  in  which  it  is  located,  and  hence 
the  United  States  appears  to  possess  a  valid  title  to  the  property. 

SPARTA  TARGET  RANGE. 

This  reservation  is  situated  near  Sparta,  in  Monroe  County,  and 
comprises  an  area  of  about  14,111  acres,  exclusive  of  the  right  of  way 
of  the  Chicago,  Milwaukee  &  St.  Paul  Railroad.  It  was  reserved 
and  acquired  for  target  range  under  act  of  Congress  approved  May 
27,  1908  (35  Stat.,  364),  as  amended  by  act  of  March  4,  1909  (35 
Stat.,  1003). 

Title.— 1.  By  Executive  order  of  May  21,  1909  (G.  O.  112,  W.  D., 
June  8,  1909),  several  tracts  of  public  land,  within  the  limits  of  the 
target  range,  were  reserved  for  military  purposes,  aggregating  480 
acres.  Deeds  from  Chas.  A.  Heintz,  Casper  E.  Shaw,  and  George 
Crocker,  respectively,  relinquishing  their  homestead  entries  to  por- 
tions of  the  premises,  filed  in  the  General  Land  Office,  and  such 
entries  cancelled. 

2.  Deed  from  Robert  B.  McCoy  et  ux.,  dated  June  15,  1908,  con- 
veying 518  acres.    Recorded  in  volume  101  of  deeds,  page  33,  in  the 
office  of  the  register  of  deeds,  Monroe  County. 

3.  Deed  from  same  parties,  dated  June  15,  1908,  conveying  554 
acres.    Recorded  in  volume  101,  page  34,  of  same  records. 

4.  Quitclaim  deed  of  Clarence  T.  Thorbus  et  ux.,  dated  July  6, 
1908,  to  a  small  part  of  the  same  premises.    Recorded  in  volume  96, 
page  183,  of  same  records. 

5.  Decree  of  United  States  circuit  court,  June  25,  1909;  and  deed 
of  Robert  B.  McCoy  et  ux.,  dated  April  13,  1909,  conveying  premises 
covered  by  decree;  area  1,837.04  acres.    Deed  recorded  in  volume  101, 
page  355,  of  same  records. 

6.  Decree  of  United  States  circuit  court,  May  11,  1909,  covering 
6,034.65  acres;  and  deeds  from  Robert  B.  McCoy  et  ux.,  conveying  all 


WISCONSIN.  467 

but  40  acres  of  the  premises  covered  by  the  decree,  the  dates  of  said 
deeds,  the  number  of  acres  conveyed  by  each,  and  the  volume  and  page 
of  the  Monroe  County  deed  records  in  which  recorded  being  as 
follows : 

a.  July  27, 1908,  771.47  acres,  volume  101,  page  289. 

b.  July  27, 1908,  961.91  acres,  volume  101,  page  290. 

c.  October  23,  1908,  2.8  acres  (for  road),  volume  101,  page  291. 

d.  October  26, 1908,  284.65  acres,  volume  101,  page  292. 

e.  July  31, 1908,  712.65  acres,  volume  101,  page  293. 
/.  July  28,  1908,  293  acres,  volume  101,  page  294. 

g.  July  29,  1908,  892.34  acres,  volume  101,  page  295. 
h.  July  29, 1908, 160  acres,  volume  101,  page  296. 
i.  October  21,  1908,  1,080.48  acres,  volume  101,  page  297. 
j.  October  21, 1908,  75.35  acres,  volume  101,  page  298. 
k.  October  13,  1908,  240  acres,  volume  101,  page  299. 
I.  August  11, 1908,  200  acres,  volume  101,  page  300. 
m.  July  28,  1908,  320  acres,  volume  101,  page  301. 

7.  Quitclaim  deed  from  the  Chicago,  Milwaukee  &  St.  Paul  Rail- 
way Co.,  dated  July  21,   1909,  conveying  36  acres.     Recorded  in 
volume  88,  page  48U,  of  same  records. 

8.  Decree  of  United  States  circuit  court,  May  2,  1910,  covering 
4,649.76  acres,  and  deeds  from  Robert  B.  McCoy  et  ux.,  conveying  all 
but  40  acres  of  the  premises  covered  by  the  decree,  the  dates  of  said 
deeds,  the  number  of  acres  conveyed  by  each,  and  the  volume  and 
page  of  the  Monroe  County  deed  records  in  which  recorded,  being  as 
follows : 

a.  November  4,  1909,  1,176.5  acres,  volume  104,  page  236. 

b.  November  4,  1909,  228  acres,  volume  104,  page  23T. 

c.  October  25,  1909,  360  acres,  volume  104,  page  238. 

d.  October  25,  1909,  20  acres,  volume  104,  page  239. 

e.  October  25,  1909,  40  acres,  volume  104,  page  240. 
/.  November  9,  1909,  160  acres,  volume  104,  page  241. 

g.  November  4,  1909,  297.68  acres,  volume  104,  page  242. 
h.  November  4,  1909,  214  acres,  volume  104,  page  243. 
i.  November  9,  1909,  330.41  acres,  volume  104,  page  244. 
j.  November  5,  1909,  320  acres,  volume  104,  page  245. 
k.  October  25,  1909,  180  acres,  volume  104,  page  246. 
I.  November  4,  1909,  360  acres,  volume  104,  page  247. 
m.  November  9,  1909,  443.17  acres,  volume  104,  page  248. 
n.  November  10,  1909,  280  acres,  volume  104,  page  249. 
o.  December  14,  1909,  40  acres,  volume  104,  page  250. 
p.  November  9,  1909,  160  acres,  volume  104,  page  251. 

9.  Quitclaim  deed  from  Robert  B.  McCoy  et  ux.,  dated  March  25, 
1910,  to  40  acres,  covered  by  said  decree  of  May  2,  1910.     Recorded 
in  volume  102,  page  194,  of  same  records. 

Easement. — By  act  of  Congress  approved  April  12,  1910  (36  Stat., 
298),  the  Milwaukee,  Sparta  &  Northwestern  Railway  Co.  (a  sub- 
sidiary company  of  the  Chicago,  Milwaukee  &  Northwestern  Rail- 
way Co.),  was  authorized  to  construct  and  operate  a  railroad  across 
reservation.  Location  of  railroad  on  reservation  approved  by  Sec- 
retary of  War  May  14,  1910. 

Revocable  licenses. — March  31,  1910,  to  the  Chicago,  Milwaukee  & 
St.  Paul  Railway  Co.  to  fill  alongside  its  tracks  on  reservation. 


468  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

July  21,  1910,  to  the  Milwaukee,  Sparta  &  Northwestern  Railway 
Co.  and  Chicago,  Milwaukee  &  St.  Paul  Railway  Co.  to  construct  and 
maintain  joint  spur  track. 

August  31, 1910,  to  Chicago  &  Northwestern  Railway  Co.  to  remove 
material  for  road  construction  from  reservation. 

March  9,  1911,  to  Chicago,  Milwaukee  &  St.  Paul  Railway  Co.  to 
construct  and  maintain  a  connecting  track. 

March  9,  1911,  to  Milwaukee,  Sparta  &  Northwestern  Railway  Co. 
to  construct  and  maintain  connecting  track. 

March  9,  1911,  to  Chicago,  Milwaukee  &  St.  Paul  Railway  Co.  and 
Milwaukee,  Sparta  &  Northwestern  Railway  Co.  to  construct  and 
maintain  a  joint  spur  track. 

September  2,  1911,  to  Chicago,  Milwaukee  &  St.  Paul  Railway  Co. 
to  occupy  and  use  tract  of  land  100  feet  by  20  feet. 

August  2, 1912,  to  Milwaukee,  Sparta  £  Northwestern  Railway  Co. 
for  telephone  line. 

Jurisdiction. — Ceded  by  act  of  State  legislature  approved  April 
20,  1911,  as  follows: 

SECTION  1.  The  consent  of  the  legislature  is  hereby  given  to  the  purchase  or 
reservation  by  the  United  States  of  certain  lands  situated  in  townships  17  and 
18  north,  ranges  2  and  3  west,  near  Sparta,  in  Monroe  County,  Wisconsin,  form- 
ing one  tract  having  an  aggregate  area  of  14,111  acres,  for  the  purpose  of  a 
target  and  maneuver  range;  and  jurisdiction  is  hereby  ceded  thereover,  for 
military  purposes,  as  contemplated  by  tin-  Seventeenth  Clause  of  Section  Eight 
of  Article  One  of  the  Constitution  of  the  I'nite-d  States,  upon  condition  that  the 
consent  hereby  given  and  the  jurisdiction  hereby  ceded  shall  not  vest  until  a 
plan  and  description  of  said  tract  shall  have  been  made  by  an  authorized  officer 
of  the  United  States  and  filed  in  the  office  of  the  Secretary  of  State;  and  upon 
the  further  condition  that  the  State  shall  forever  retain  a  concurrent  jurisdic- 
tion over  the  said  tract  to  the  extent  that  all  legal  and  military  process  issued 
under  authority  of  the  State  may  be  executed  anywhere  thereon  to  the  same 
extent  as  if  such  consent  and  jurisdiction  had  not  been  given  and  ceded  to  the 
United  States.  (Chap.  21,  Laws  of  1911.) 

WYOMING. 

GENERAL  ACT  OF  CESSION. 

SECTION  1.  That  exclusive  jurisdiction  be,  and  the  same  Is,  hereby  ceded  to 
the  United  States  over  and  within  all  the  territory  owned  by  the  United  States. 
included  within  the  limits  of  the  United  States  military  reservations  known  as 
Fort  D.  A.  Russell,  Fort  McKinney  and  Fort  Washakle,  Camp  Sheridan,  and 
Camp  Pilot  Butte,  and  the  United  States  Powder  Depot  at  Cheyenne,  together 
with  such  other  lands  in  the  State  as  may  be  now  or  hereafter  acquired  or  held 
by  the  United  States  for  military  purposes,  either  as  additions  to  the  posts 
above  named,  or  as  new  military  posts  or  reservations,  which  may  be  estab- 
lished for  the  common  defence,  saving,  however,  to  the  said  State,  the  right  to 
serve  civil  or  criminal  process  within  the  limits  of  the  aforesaid  forts,  camps 
and  depot,  in  suits  or  prosecutions  for,  or  on  account  of  rights  acquired,  obliga- 
tions incurred  or  crimes  committed  in  said  State,  but  outside  of  said  cession 
and  reservation,  and  saving  further  to  said  State  the  right  to  tax  persons  and 
corporations,  their  franchises  and  property,  on  said  lands  hereby  ceded.  (Ap- 
proved Feb.  17,  1893.  Laws  of  Wyoming,  1893,  p.  43.  See'  also  Revised 
Statutes  of  Wyoming,  1899,  sees.  2657-2661.) 

FORT   D.   A.    RUSSELL. 

This  reservation  is  situated  adjacent  to  the  city  of  Cheyenne,  in 
Laramie  County.  Exclusive  of  the  lands  reserved  for  the  protection 


WYOMING.  469 

of  the  water  supply  of  the  post,  and  of  the  wood  reserve,  which  is 
included  in  the  Fort  D.  A.  Russell  Target  and  Maneuver  Reserva- 
tion, it  contains  an  area  of  about  5,385  acres*  The  lands  reserved 
for  the  protection  of  the  water  supply  of  the  post  are  situated  about 
20  miles  west  of  the  post  reservation,  between  it  and  the  Fort  D.  A. 
Russell  Target  and  Maneuver  Reservation. 

Title. — By  Executive  order  dated  June  28,  1869,  a  reservation  of 
4,512  acres  was  set  apart  for  military  purposes.  This  area  was  re- 
duced May  23,  1898,  by  the  transfer  to  the  State  of  Wyoming  of  160 
acres  for  the  use  of  the  State  Agricultural  and  Industrial  Exposi- 
tion, under  authority  of  act  of  Congress  approved  March  2,  1895 
(28  Stat,  946). 

By  Executive  order  dated  December  20,  1913  (No.  1259),  about 
7,191  acres  were  withdrawn  from  settlement  and  reserved  for  the 
protection  of  the  water  supply  of  the  post. 

By  act  of  Congress  approved  March  3,  1909  (35  Stat.,  747),  the 
purchase  of  about  1,400  acres  adjoining  the  reservation  for  the  ex- 
tension of  the  target  range  was  authorized,  and  by  Executive  order 
of  August  27,  1909  (G.  O.  195,  W.  D.,  Sept.  27/1909),  a  tract  of 
about  40  acres  was  reserved  for  the  same  purpose. 

Lands  owned  by  private  parties  comprised  within  the  proposed 
addition  have  been  acquired  as  follows: 

1.  Decree  of  United  States  circuit  court  in  cause  No.  446.  United 
States  v.  B.   F.   Blocklinger,  entered   December   3,   1909.   covering 
549.70  acres;  filed  in  the  office  of  the  clerk  of  the  court  on  the  same 
date. 

2.  Deed  from  Richard  A.  Proctor  and  wife,  dated  August  5.  1909, 
conveying  782.37  acres  and  water  rights.    Recorded  in  book  163,  page 
162,  of  the  records  of  Laramie  County. 

3.  Quitclaim  deed  from  Eliza  Talbot  and  husband,  dated  Octo- 
ber 16,  1909,  conveying  about  5  acres.     Recorded  in  book  108,  page 
362,  of  same  records. 

4.  Quitclaim  deed  from  Marguerite  A.  Proctor,  executrix,  dated 
March  31,  1910,  to  same  property.     Recorded  in  book  108,  page  363, 
of  same  records. 

5.  Deed  from  J.  S.  Clark  and  wife,  dated  January  8,  1913,  con- 
veying 160  acres.    Recorded  in  book  183,  page  239,  of  same  records. 

The  following  deed  and  decree  convey  right  of  way  for  con- 
duit, etc.: 

1.  Deed  from  Claus  Sievers,  dated  June  26,  1903,  conveying  0.854 
acre.    Recorded  in  book  105,  page  581,  of  same  records. 

2.  Decree  of  United  States  circuit  court  in  cause  entitled   The 
United  States  v.  Frank  Ketcham  and  wrife,  conveying  0.261  acre.    De- 
cree rendered  July  25, 1903,  and  recorded  in  book  88,  page  482,  of  same 
records. 

Ordinance  of  city  of  Cheyenne  granting  permission  to  the  United 
States  to  construct  and  maintain  a  sewer  along  and  through  certain 
streets  within  the  said  city;  approved  by  the  mayor  August  4,  1909, 
and  accepted  by  the  Secretary  of  War  September  2,  1909. 

Instrument  executed  by  the  city  of  Cheyenne  and  Quartermaster 
General,  November  4,  1908,  conveying  to  the  United  States  certain 
perpetual  water  rights  in  the  water  supply  of  said  city.  (Approved 
by  the  Secretary  of  War,  Dec.  12,  1908.) 


470  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

Easements. — Pursuant  to  act  of  Congress  approved  June  30,  1886 
(24  Stat,  104),  the  Secretary  of  War  August  20,  1886,  approved  the 
selection  of  a  right  of  way  12  feet  wide  within  the  garrison  and  100 
feet  wide  beyond  it  by  the  Cheyenne  &  Northern  Railway  Co. 

Pursuant  to  act  of  Congress  approved  February  25,  1889  (25  Stat., 
691),  the  Secretary  of  War  by  instrument  dated  August  26,  1908, 
as  amended  November  2,  1908,  approved  the  location  of  the  right  of 
way  for  the  street  railway  to  be  constructed  by  the  Cheyenne  Street 
Railway  Co. 

Permission  granted  by  the  Secretary  of  War,  March  31,  1911,  under 
act  of  July  5, 1884  (23  Stat.,  103),  to  board  of  county  commissioners, 
of  Laramie  County,  to  extend  county  road  along  western  and  part  of 
southern  boundaries  of  reservation. 

Under  authority  of  act  of  Congress  approved  March  4,  1911  (36 
Stat,  1253),  by  instrument  approved  by  the  Secretary  of  War  Octo- 
ber 16,  1915,  and  by  the  Secretary  of  the  Interior  November  19,  1915, 
v  right  of  way  for  a  line  of  wire  and  poles  for  telephone  and  telegraph 
purposes  was  granted  to  the  Mountain  States  Telephone  &  Tele- 
graph Co.  over  the  Fort  D.  A.  Russell  and  Pole  Mountain  Reserva- 
tions. 

Revocable  licenses. — August  27,  1886,  to  the  board  of  county  com- 
missioners of  Laramie  County  to  enter  the  reservation  to  maintain, 
repair,  and  keep  in  good  order  the  county  wagon  road  commonly 
called  the  "  Happy  Jack  "  road,  and  to  all  persons  to  travel  on  said 
road  across  the  reservation. 

August  4,  1888,  to  board  of  county  commissioners  of  Laramie 
County  to  construct  a  road  80  feet  wide  upon  and  along  the  east  side 
of  the  reservation. 

May  5,  1900,  to  Troop  A,  Wyoming  National  Guard,  to  use  for 
pasturage  purposes  that  portion  of  the  reservation  known  as  Old 
Camp  Carlin  Pasturage. 

March  23, 1905,  to  Rocky  Mountain  Bell  Telephone  Co.  to  maintain 
and  operate  telephone  line. 

March  23,  1905,  to  Postal  Telegraph- Cable  Co.  for  line  on  poles  of 
Rocky  Mountain  Bell  Telephone  Co. 

March  11,  1909,  to  the  Colorado  &  Southern  Railway  Co.  to  con- 
struct and  maintain  a  building  for  railroad  station  and  residence  of 
agent. 

November  30,  1915,  to  the  city  of  Cheyenne  to  use  Government 
electric  transmission  line,  etc.,  on  reservation. 

Jurisdiction. — See  "  General  act  of  cession." 

FORT   D.    A.    RUSSELL   TARGET   AND    MANEUVER   RESERVATION     (POLE 
MOUNTAIN  RESERVATION  ) . 

This  reservation  is  situated  in  Albany  County,  30  miles  west  of 
Cheyenne,  and  comprises  an  area  of  about  56,320  acres.  It  includes 
within  its  limits  the  wood  reservation  of  the  post  of  Fort  D.  A. 
Russell. 

Title. — By  Executive  orders  dated  February  4,  1879,  and  February 
25,  1880,  areas  of  public  lands  comprising  approximately  2,540.64 
acres  were  set  apart  for  a  wood  and  timber  reservation  for  the  use 


WISCONSIN.  471 

of  the  posts  of  Forts  D.  A.  Russell  and  Sanders,  and  for  the  Cheyenne 
depot.  By  Executive  order  dated  October  10,  1900,  certain  tracts  of 
public  land  were  set  apart  as  a  forest  reserve,  which  tracts  were  trans- 
ferred to  the  War  Department  by  Executive  order  dated  October  9, 
1903  (G.  O.  40,  W.  D.,  Oct.  23,  1903),  for  military  purposes,  with  the 
understanding  that  the  use  of  the  lands  for  such  purpose  should  not 
interfere  with  the  objects  for  which  the  forest  reserve  was  estab- 
lished. Said  order  or  October  9,  1903,  was  amended  by  Executive 
order  dated  April  19,  1910  (G.  O.  83,  W.  D.,  May  5,  1910),  which 
provided  that  the  lands  reserved  by  the  former  order  for  military 
purposes,  except  the  tract  of  320  acres  excluded  from  the  reservation 
by  Executive  order  of  May  28,  1900  (G.  O.  114,  W.  D.,  June  11, 
1909),  should  be  held  as  a  military  reservation  for  target  and  maneu- 
ver purposes  and  should  no  longer  be  regarded  as  in  reservation  for 
forest  purposes. 

Lands  in  private  ownership  have  been  acquired  under  act  of  March 
3,  1911  (36  Stat,  1052),  as  follows: 

1.  Deed   from   the   Union   Pacific   Railroad   Co.    and   from   the 
Bankers'  Trust  Co.,  trustee,  dated  September  19,  1911,  conveying 
0,806.23  acres.     Recorded  in  book  107,  page  191,  of  deed  records  of 
Albany  County. 

2.  Deed  from  James  McGibbon  and  wife,  dated  October  7,  1911, 
conveying   80   acres.     Recorded   in   book   K-l,   page   435,   of   same 
records. 

3.  Deed  from  William  G.  Mathews  and  wife,  dated  October  23, 

1911,  conveying  160  acres.     Recorded  in  book  R-l,  page  434,  of  the 
same  records. 

4.  Deed   from  Minna   Kassahn,  single,   dated   October  24,   1911, 
conveying  160  acres.     Recorded  in  book  107,  page  213,  of  the  same 
records. 

5.  Deed  from  J.  D.  Bassett  and  wife,  dated  October  31,  1911, 
conveying  80  acres.     Recorded  in  book  107,  page  227,  of  the  same 
records. 

6.  Deed  from  John  A.  Wallis  and  wife,  dated  November  3,  1911, 
conveying  190.65  acres.     Recorded  in  book  R-l,  page  440,  of  the 
same  records. 

7.  Decree  in  condemnation,  December  27,  1911,  covering  80  acres 
of  property  of  John  Pulscher  and  Margaret  Pulscher.     Recorded  in 
book  H,  page  259,  of  the  miscellaneous  records  of  Albany  County. 

8.  Decree    in    condemnation,    March    2,    1912,    covering    1,273.71 
acres,  property  of  Charles  C.  and  Margaret  Frazer.     Recorded  on 
page  254,  same  records. 

9.  Decree  in  condemnation,  April  11,  1912,  covering  160  acres, 
property  of  the  Denver-Laramie  Railroad  Co.  et  al.     Recorded  on 
page  262  of  same  records. 

10.  Deed   from   Annie   McKechnie,   single,    dated   May   4,    1912, 
conveying  160  acres.     Recorded  in  book  110,  page  11,  of  the  deed 
records  of  Albany  County. 

11.  Deed  from  the  F.  E.  Warren  Mercantile  Co.,  dated  May  17, 

1912,  conveying  1,960  acres.     Recorded  in  book  107,  page  386,  of  the 
same  records. 

12.  Deed  from  Margaret  Braae,  dated  February  28,  1912,  convey- 
ing 160  acres.     Recorded  in  book  107,  page  388,  01  same  records. 


472  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

13.  Deed  from  the  F.  E.  Warren  Mercantile  Co.,  dated  May  27, 
1912,  conveying  200  acres.     Recorded  in  book  107,  page  390,  of  the 
same  records. 

14.  Deed  from  the  F.  E.  Warren  Mercantile  Co.,  dated  June  8, 
1912,  conveying  160  acres.     Recorded  in  book  107,  page  463,  of  the 
same  records. 

15.  Quitclaim   deed   from   the   Union   Pacific   Railroad   Co.   and 
Bankers'  Trust  Co.,  trustee,  dated  August  20,  1912,  to  about  3,200 
acres,  covered  by  the  foregoing  conveyances.     Recorded  in  book  107, 
page  465,  of  same  records. 

Easement. — Mountain  States  Telephone  &  Telegraph  Co.  See 
*'  Fort  D.  A.  Russell." 

Jurisdiction. — See  "  General  act  of  cession." 

FORT  MACKENZIE. 

This  reservation  is  situated  near  the  city  of  Sheridan,  in  Sheridan 
County,  and  contains  approximately  6,480  acres.  Metes  and  bounds 
of  the'reservation,  with  the  exception  of  200  acres  ceded  by  the  State 
in  1905,  were  announced  in  G.  O.  87.  W.  D.,  May  8,  1906. 

Title. — By  acts  of  the  State  legislature  approved  February  16, 
1899,  February  13,  1901,  and  February  21,  1905,  additional  tracts, 
aggregating  960  acres,  and  jurisdiction  thereover  were  ceded  to  the 
United  States,  the  two  later  acts  reserving  "  all  rights  appertaining 
to  any  irrigation  ditch  or  ditches  crossing"  the  lands  granted  thereby. 

The  right  of  way  for  a  pipe  line,  and  sewer  privileges  were  granted 
by  the  following  deeds : 

1.  Deed  from  William  Clubb,  dated  September  9,  1911,  conveying 
0.44  acre,  for  right  of  wTay  for  pipe  line.     Recorded  in  book  J,  page 

523,  of  the  deed  records  of  Sheridan  County. 

2.  Deed  from  Charles  H.  Reynolds,  dated  September  11,  1901,  con- 
veying 0.44  acre,  for  right  of  way  for  pipe  line.    Recorded  in  book  J, 
page  525,  of  same  records. 

3.  Deed  from  Clement  L.  Spraclen,  dated  October  22,  1901,  con- 
veying 0.48  acre,  for  right  of  way  for  pipe  line.     Recorded  in  book  J, 
page  526,  of  same  records. 

4.  Deed  from  Annie  Loucks,  dated  October  22,  1901,  conveying 
0.34  acre,  for  right  of  way  for  pipe  line.    Recorded  in  book  J,  page 

524,  of  same  records. 

5.  Agreement  between  Charles  N.  Dietz  and  the  United  States,  con- 
cerning the  location  of  sewer.    Agreement  dated  April  16,  1902,  and 
recorded  in  book  D,  page  595,  etc.,  of  same  records. 

6.  Deed  from  Charles  N.  Dietz.  dated  April  24,  1902,  conveying  a 
parcel  of  land  2,500  feet  long  and  10  feet  wide,  for  right  of  way  for 
pipe  line.    Recorded  in  book  J,  page  606.  of  same  records. 

7.  Agreement  between  Thomas  L.  Kimball  and  the  United  States, 
concerning  the  location  of  sewer.    Agreement  dated  April  26,  1902, 
and  recorded  in  book  D,  page  597.  etc.,  of  same  records. 

8.  Ordinance  from  the  town  of  Sheridan,  dated  November  2,  1903, 
granting  the  right  to  use  certain  amounts  of  water  from  Goose  Creek. 

9.  Deed  from  Stella  R.  Crew,  elated  February  3,  1904,  conveying 
right  of  way  for  pipe  line.    Recorded  in  book  N,  page  4CO,  of  same 
records. 


WYOMING.  473 

10.  Deed  from  Samuel  and  Jennie  Culberson,  dated  February  4, 
1904,  conveying  right  of  way  for  pipe  line.     Recorded  in  book  N, 
page  452,  of  same  records. 

11.  Deed  from  William  and  Catherine  Timm,  dated  February  4, 
1904,  conveying  right  of  way  for  pipe  line.     Recorded  in  book  — , 
page  461,  of  same  records. 

12.  Deed  from  Levi  and  Louisa  Beans,  dated  February  4, 1904,  con- 
veying right  of  way  for  pipe  line.    Recorded  in  book  N,  pages  455 
and  456,  of  same  records. 

13.  Deed  from  C.  P.  and  J.  O.  Ewoldsen,  dated  February  4,  1904, 
conveying  right  of  way  for  pipe  line.     Recorded  in  book  N,  page 
458,  of  same  records. 

14.  Deed  from  F.  E.  Loch  and  C.  O.  Reed,  dated  February  4,  1904, 
conveying  right  of  way  for  pipe  line.     Recorded  in  book  N,  page 
462,  of  same  records. 

15.  Deed  from  Henry  A.  Coffeen,  dated  February  13, 1904,  convey- 
ing right  of  way  for  pipe  line.    Recorded  in  book  N,  parses  444  and 

445,  of  same  records. 

16.  Deed  from  B.  F.  and  Rose  H.  Perkins,  dated  February  15, 
1904,  conveying  right  of  way  for  pipe  line.     Recorded  in  book  N, 
page  467,  of  same  records. 

17.  Deed  from  Henry  A.  Coffeen,  dated  February  17,  1904,  convey- 
ing right  of  way  for  pipe  line.     Recorded  in  book  N,  pages  445  and 

446,  of  same  records. 

18.  Deed  from  E.  N.  Secor,  dated  February  27,  1904,  conveying 
right  of  way  for  pipe  line.     Recorded  in  book  N,  pages  453  and  454, 
of  same  records. 

19.  Deed  from  E.  N.  Secor,  dated  February  27,  1904,  conveying  a 
right  of  way  for  pipe  line.     Recorded  in  book  1ST,  page  459,  of  same 
records. 

20.  Deed  from  J.  Dana  Adams,  dated  February  27,  1904,  convey- 
ing a  right  of  way  for  pipe  line.     Recorded  in  book  N,  page  466,  of 
same  records. 

21.  Deed  from  L.  E.  and  Nannie  M.  Harris,  dated  February  29, 
1904,  conveying  a  right  of  way  for  pipe  line.     Recorded  in  book  N, 
pages  446  and  447,  of  same  records. 

22.  Deed  from  Philip  and  Margaret  Kane,  dated  February  27, 
1904,  conveying  a  right  of  way  for  pipe  line.     Recorded  in  book  N, 
pages  447  and  448,  of  same  records. 

23.  Deed  from  J.  S.  and  Elizabeth  T.  Snodgrass,  dated  February 
29,  1904,  conveying  a  right  of  way  for  pipe  line.     Recorded  in  book 
N,  page  449,  of  same  records. 

24.  Deed  from  Philip  and  Margaret  Kane,  dated  February  27, 
1904,  conveying  right  of  way  for  pipe  line.     Recorded  in  book  N, 
pages  450  and  451,  of  same  records. 

25.  Deed  from  Melchi  I.  and  Mattie  E,  Snively,  dated  February 
29,  1904,  conveying  right  of  way  for  pipe  line.     Recorded  in  book  N", 
pages  452  and  453,  of  same  records. 

26.  Deed  from  W.  and  Atha  Thompson,  dated  February  29,  1904, 
conveying  right  of  way  for  pipe  line.    Recorded  in  book  N,  pages 
454  and  455,  of  same  records. 


474  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

27.  Deed  from  William  and  Catherine  Timm,  dated  February  29, 
1904,  conveying  right  of  way  for  pipe  line.     Eecorded  in  book  N, 
pages  456  and  457,  of  same  records. 

28.  Deed  from  George  W.  and  Hannah  E.  Garrett,  dated  February 
29,  1904,  conveying  right  of  way  for  pipe  line.    Kecorded  in  book  N, 
page  463,  of  same  records. 

29.  Deed  from  John  and  Clementine  Zingg,  dated  February  29, 
1904,  conveying  right  of  way  for  pipe  line.     Eecorded  in  book  N, 
page  472,  of  same  records. 

30.  Deed  from  C.  L.  and  Nellie  Spracklen,  dated  February  27, 
1904,  conveying  right  of  way  for  pipe  line.     Eecorded  in  book  N, 
pages  474  and  475,  of  same  records. 

31.  Deed  from  Thirza  A.  Darling,  dated  March  1,  1904,  conveying 
right  of  way  for  pipe  line.     Eecorded  in  book  N,  pages  473  and  474, 
of  same  records. 

32.  Deed  from  the  State  of  Wyoming,  dated  March  8,  1904,  con- 
veying right  of  way  for  pipe  line.     Eecorded  in  book  N,  pages  470 
and  472,  of  same  records. 

33.  Deed  from  S.  N.  Hardee,  dated  April  2,  1904,  conveying  right 
of  way  for  pipe  line.     Eecorded  in  book  N,  page  469,  or  same 
records. 

34.  Deed  from  Peter  Nelson,  dated  April  20, 1904,  conveying  right 
of  way  for  pipe    line.     Eecorded  in  book  N,  page  465,  of  same 
records. 

35.  Deed  from  C.  B.  Burrows,  dated  April  22,  1904,  conveying 
right  of  way  for  pipe  line.    Eecorded  in  book  N,  page  464,  of  same 
records. 

36.  Deed  from  Jane  M.  Ferguson,  dated  April  21,  1904,  conveying 
right  of  way  for  pipe  line.    Eecorded  in  book  N,  page  468,  of  same 
records. 

37.  Deed  from  Mary  J.  Alger  et  al.,  dated  October  1,  1907,  con- 
veying right  of  way  for  pipe  line.    Eecorded  in  book  P,  page  587, 
of  same  records. 

38.  Deed  from  Alf.  Diefenderfer,  dated  November  1,  1907,  con- 
veying same.    Eecorded  in  book  P,  page  586,  of  same  records. 

39.  Deed  from  Walter  A.  Granger  et  al.,  dated  November  13,  1907, 
conveying  same.    Eecorded  in  book  P,  page  587,  of  same  records. 

Easements. — A  county  road  in  existence  before  the  establishment 
of  the  reservation  crosses  the  same  from  east  to  west. 

Eight  of  way  to  Sheridan  Eailway  &  Li^rht  Co.  through  reserva- 
tion granted  by  act  of  Congress  approved  March  2,  1911  (36  Stat., 
1011) ;  location  of  the  said  right  of  way  approved  by  the  Secretary 
of  War  September  28, 1911. 

Revocable  licenses. — September  4,  1900,  to  the  Burlington  £  Mis- 
souri Eiver  Eailroad  in  Nebraska  to  lay  and  maintain  a  track  to  the 
storehouses  on  the  reservation. 

January  5,  1905,  to  town  of  Sheridan  for  8-inch  water  pipe  con- 
necting its  water  supply  with  8-inch  overflow  from  Government  res- 
ervation, and  to  use  surplus  water. 

July  16,  1906,  to  Alliance  Lateral  Ditch  Co.  to  enlarge,  operate, 
and  maintain  irrigating  ditch  across  reservoir  sites. 


WYOMING.  475 

January  17,  1907,  to  the  Rocky  Mountain  Bell  Telephone  Co.  for 
telephone  line. 

April  12.  1915,  to  the  city  of  Sheridan  to  use  a  portion  of  the  old 
pipe  line  of  the  post  for  the  purpose  of  supplying  water  to  consumers 
for  domestic  purposes. 

Jurisdiction. — See  "  General  act  of  cession."  As  to  lands  ceded  to 
the  United  States  by  acts  of  the  State  legislature  approved  February 
16,  1899,  February  13,  1901,  and  February  21,  1905,  see  also  said  acts, 
which  cede  jurisdiction  to  the  United  States  in  the  following  terms : 

That  exclusive  jurisdiction  be,  and  the  same  is  hereby  ceded  to  the  United 
States  of  America,  over  and  within  the  aforesaid  described  territory,  saving 
however  to  this  State  the  right  to  serve  civil  or  criminal  process  within  said 
territory  in  suits  for  prosecutions  for,  or  on  account  of  rights  acquired,  or  obli- 
gations incurred,  or  crimes  committed  in  said  State,  but  outside  of  said  cession ; 
and  saving  further  to  the  said  State  the  right  to  tax  persons  and  corporations, 
their  franchises  and  property  in  said  territory  herein  ceded.  (Wyoming  Com- 
piled Statutes,  1910,  sees.  704,  706,  and  710.) 

MONUMENT  SITE,  FORT  PHIL  KEARNEY. 

This  reservation  is  situated  in  Sheridan  County  and  contains  an 
area  of  0.75  acre. 

Title  and  jurisdiction. — The  State,  by  an  act  approved  February 
19, 1903,  ceded  the  above  tract  to  the  United  States,  with  jurisdiction 
thereover,  to  be  used  as  a  site  for  the  erection  of  a  monument  to  the 
memory  of  the  soldiers  who  fought  in  the  Fort  Phil  Kearney  mas- 
sacre. (Laws  of  Wyoming,  1903,  p.  50.) 

FORT  YELLOWSTONE. 

This  reservation,  formerly  Camp  Sheridan,  is  situated  on  Beaver 
Creek,  8  miles  from  Cinnabar,  a  station  on  Yellowstone  Park  line  of 
Northern  Pacific  Railroad,  within  the  limits  of  the  Yellowstone 
National  Park,  and  contains  an  area  of  43.38  acres,  including  the 
5.5  acres  set  apart  for  hospital  site,  with  metes  and  bounds  as  given 
in  G.  O.  238,  W.  D.,  November  30, 1909. 

Title. — The  reservation  was  set  aside  by  the  Secretary  of  the  In- 
terior for  use  of  the  military  authorities  under  dates  of  February  27, 
1891,  May  11,  1893,  October  18,  1897,  and  November  1,  1909,  the  last 
assignment  being  by  way  of  modification  of  prior  assignments. 

Jurisdiction. — Exclusive  jurisdiction  in  the  United  States  was  re- 
served by  Congress  in  establishing  the  Yellowstone  National  Park. 
See  also  "  General  act  of  cession." 


476 


UNITED    STATES    MILITARY   RESERVATIONS,  ETC. 


Military  reservations  turned  over  by  the  War  Department  to  the  Interior 
Department,  or  otherwise  disposed  of,  from  1850  to  1915,  incJuaii-e,  with 
method  and  date  of  acquisition,  date  of  and  authority  for  relinquish- 
ment,  etc.1 


Name  of  reservation. 

Method  and  date  of 
acquisition. 

Date  of  relin- 
quishment. 

Authority  for  relin- 
quishment. 

Additional  data. 

Abercrombie,  Fort, 

Established     under 

Mar.   25,1871 

Act  Feb.  24,  1871  (16 

Portion  east  of  the  Red 

Dak. 

authority  of  Act  of 

Stat.,  430). 

River  of  the  North. 

Congress  approved 

0.  0.  19,  A.  G.  0., 

Mar.    3,   1857   (11 

1871. 

Stat.,  204). 

Do          

Reservation        de- 

July  14,1880 

Act  June  10,  1880(21 

Portion  of  reservation 

clared  by  Execu- 

Stat., 172). 

in  Dakota  abolished. 

tive  Order  of  Apr. 

G.  O.  55,  A.  G.  O., 

12,  1867. 

1880. 

Do    

Act  July  15,  1882  (22 

Portion  of  reservation 

Stat.,  168). 

in    >rinnesota    abol- 

ished.       G.    O.   85, 

A.G.O.,1882. 

Abraham    Lincoln, 

Established  in  July, 

Oct.    15,1891 

Act  July  5,  1884  (23 

15040  acres,  also  Sib- 

Fort,  Dak. 

1872.    Reservation 

Stat.,  103). 

levs  Island,  contain- 

declared by  E>ec- 

ing    13,696   acres. 

utive  Order  dated 

G.  O.  84,  A.  G.  O.. 

Feb.  8,  1873. 

1891. 

Appalachicola,    Ar- 
senal, Fla. 

Reserved  by  Execu- 
tive Order  of  Nov. 

Dec.    15,1870 

Act  Dec.  15,1870(16 
Stat.,  396). 

To  State  of  Florida  for 
educational  purposes 

3,  1832. 

Arbuckle,    Fort, 

Reserved  by  Execu- 

July    9,  1870 

Indian  treaty  of  Apr. 

Ind.  T. 

tive  Order  dated 

28,1866. 

Apr.  19,  1869. 

Assinniboine.  Fort. 
Mont.. 

Post        established 
May  19,  1879.   Res- 

Oct.   22,1891 

Act  July  5,  1884  (23 
Stat.,  103). 

Hay  reservation,  coal 
reservation,  and  part 

ervation  set  aside 

of   post  reservation. 

from    public    do- 

Area not  stated.    G. 

main  by   Execu- 

O. 85,  A.  G.  O.,  1891. 

tive  Order  dated 

June  16,  1881,  in 

lieu  of  reservation 

made  by  Execu- 

tive Order  of  Mar. 

4,  1880. 

Do 

Nov.  20,1911 

do 

G.  O.  157,  W.  D.,  1911. 

Itkinson,     Fort, 

Reserved  by  direc- 

Act June  7,  1860  (12 

Iowa. 

tion  of  the  Presi- 

Stat., 28). 

dent,  Sept  20,1849. 

Austin,    Tex.    (Ar- 

By  stipulations   of 

Act  Mar.  5,  1888  (25 

To  city  of  Austin  for 

senal  Block). 

act  of  Congress  of 

Stat.,  44). 

educational  purposes 

June   23,    1845    (5 

only.     G.0.30,A.Q. 

Stat    797),  admit- 

0./1888. 

ting  Texas  into  the 

Union  and  accept- 

ance of  those  stip- 

ulations by  Con- 

gress of  Republic 

of  Texas,  June  23. 

1845. 

Bacon,      Sorsogon, 
Luzon.  P.  1. 

Reserved  by  Execu- 
tive Order  dated 

Jan.    13,1910 

Act  July  1,  1902  (32 
Stat.,  691). 

Restored  to  the    Gov- 
ernment of  the  Phil- 

Sept. 1,  190?  (G.  O. 

ippine  Islands.    G.  O 

34,  W.  D..  Oct.  13, 

14,  W.  D.,  1910. 

1903). 

Baton  Rouge,  Bar- 
racks and  Arsenal, 

Established  in  1820. 
Not   declared    by 

Aug.  22,1884 

Act  July  5,  1884  (23 
Stat.,  103). 

44.17  acres.    G.  O.  102, 
A.  G.  O.,  1884. 

La. 

Executive  Order. 

Do  

Act  June  12,  1886  (24 

By  Secretary  Interior 

Stat.,  144). 

to  State  University, 

G.  0.  55,  A.  G.  0., 

1886. 

Bellona,  Arsenal,  Va. 

Acquired    by   deed 

Act  Mar.  3,  1819  (3 

Sold,  in  1856. 

from  William  Tra- 

Stat.,  520). 

bue  and  wife  dated 

Sept.  21,  1815. 

Bellingham       Bay, 

Acquired  for  an  ar- 

Oct. 4,  1869 

Wash. 

senal  site  in  1851. 

1  In  a  report  made  by  the  Secretary  of  War  to  Congress  under  date  of  Jan.  25, 
1912,  upon  the  subject  of  the  distribution  of  the  mobile  Army  of  the  United  States,  there 
is  given,  inter  alia,  a  list  of  the  Army  posts  that  were  abandoned  during  the  10  years 
ending  June  30,  1911,  and  also  a  further  list  of  the  posts  that  should  be  abandoned,  with 
a  view  to  securing  a  full  measure  of  military  effectiveness,  as  soon  as  provision  can  be 
made  elsewhere  for  their  garrisons.  This  report  was  published  in  the  annual  report  of 
the  Secretary  of  War  for  1912,  pages  153  to  165  inclusive. 


MILITARY   RESERVATIONS.  477 

Military  reservations  turned  over  by  the  War  Department,  etc. — Continued. 


Name  of  reservation. 

Method  an'i  date  of 
acquisition. 

Date  of  relin- 
quishment. 

Authority  for  relin- 
quishment. 

Additional  data. 

Bennett,    Fort,    S. 

No  formal  reserva- 

Order  of   Secretary 

On  Tndicin  r6S6rv£ition 

Dak. 

tion. 

of  War  of  Oct.  3, 

1891,  G.  O.  79,  A. 

G.  O.,  1891. 

Ben  ton,  Fort,  Mont. 

Reserved  by  Execu- 
tive Order  of  Dec. 

Jan.     5,  1883 

Act  Aug.  4,  1882  (22 
Stat.,  218). 

G.O.110,A.  G.O.,1882. 

1,  1869. 

Bents,    Fort,    Colo. 

(see  Fort  Lyon). 

Bergen  Heights,  Ar- 

Acquired   by   deed 

Act  Feb.  3,  1871  (16 

Sold,  July  28.  1871. 

senal,  N.  J. 

from  John  B.  Coles 

Stat.,  593). 

dated  June  23,  1812. 

Bidwell,  Fort,  Cal... 

Reserved  by  Execu- 
tive Orders  of  Oct. 

Feb.   13,1885 

Act  July  5,  1884  (23 
Stat.,  103). 

Portion    123.26    acres. 
G.  0.  16,  A.  G.  0., 

19,    1866.    Oct.   4, 

1885. 

1870,  and  Feb.  7, 

1871. 

Do  

Nov.  19,1890 

do  

Remainder,  3,090  acres 

G.  0.  135,  A.  G.  0., 

1890. 

Bilirian  Island,  P.  I. 

Reserved  by  Execu- 
tive order  of  May 

Jan.    10,1911 

Act  July  1,  1902  (32 
Stat.  ,691). 

Restored  to  the  Gov- 
ernment of  the  Phil- 

13, 1908  (G.  0.  22, 

ippine  Islands.  G.  O. 

W.   D.,  May  26, 

16,  W.  D.,  1911. 

1908). 

Biscayne  K«y,  Fla 

July     9,  1870 

Act  Aug.  18,  1856  (11 

Stat.,  87). 

Bliss,  Old  Fort,  Tex. 

Established  as  post 

Act  Mar.  1,  1890  (26 

132    acres.    Part    sold 

ofElPasoFeb.il, 

Stat.,  16). 

at     public     auction 

1848,    and    name 

July  3,  1895,  and  bal- 

changed  to    Fort 

ance  sold  later. 

Bliss  by  G.  O.  4, 

A.  G.  0.,  Mar.  8, 

1854.        Location 

changed  and  title 

to  new  location  ac- 

quired  by   deeds 

from    Juan    Hart 

and  others  dated 

from  Sept.  25,  1879, 

to  July  24,   1886, 

under  authority  of 

acts  of  Feb.  4,  1879 

(20Stat.,281),and 

Dec.  13,  1882  (22 

Stat.,397). 

Bols  Blanc  Island, 

Set  aside  by  procla- 

July 22,1884 

Act  July  5,  1884  (23 

9,199.43  acres.    G.   O. 

Mich. 

mation     by     the 

Stat.,  103). 

80,  A.  G.  O.,  1884. 

President  of  Nov. 

27,  1827. 

Bowie,  Fort,  Ariz... 

Declared  by  Execu- 
tive order  of  Mar. 

Nov.  14,1894 

....do  

23,040  acres.    G.  O.  63, 
A.  G.  O.,  1894. 

30,  1870,  and  en- 

larged by  Execu- 

tive order  of  Nov. 

27,  1877. 

Bradv,  Fort,  Mich. 
(Old  Fort). 

Established  in  July, 
1822.  Reservation 

Jan.    21,1878 

Act  Mar.  1,  1869  (15 
Stat.,  281). 

Not  to  exceed  1  acre  to 
Baptist     Missionary 

declared    by    the 

Society.      G.  O.  25. 

President  Sept.  2, 

A.  G.  O.,  1869. 

1847. 

Do  

Act  Mar.  3,  1875  (18 

Grant  of  1.26  acres  for 

Stat.,  519). 

school  purposes.    G. 

O.41,A.  G.  O.,1875. 

Do...  

Oct.    24,1893 

Act  July  8,  1886  (24 

Sold.    G.  0.  52,  A.  G. 

Stat.,  128). 

O.,  1886. 

Do        

Dec.     3,  1894 

Act  July  5,  1884  (23 

The   lands    (3£   acres) 

Stat.,  103). 

embraced  in  f  raction- 

alsec.2,T.47N.,R.l 

W.,  Michigan  merid- 

ian,  which  was  re- 

served from  sale  for 

the  use  of  Fort  Bra- 

dy, Mich.,  by  Execu- 

tive order  of  Sept.  2, 

1847.     G.  O.19,A.  G. 

O.,1895. 

Do.. 

Apr.   14,1902 

Act  Mar.  3,  1893  (27 

Portion  granted  to  vil- 

Stat., 593). 

lage  of  Sault  St.  Ma- 

rie, G.  O.  44,  A.  G. 

O.,  1902. 

478  UNITED    STATES    MILITARY    RESERVATION S,  ETC. 

Military  reservations  turned  over  by  the  War  Department,  etc. — Continued. 


Name  of  reservation. 

Method  and  date  of 
acquisition. 

Date  of  relin- 
quishment. 

Authority  for  relin- 
quishment. 

Additional  data. 

Bragg  Fort  Cal 

Act  July  27  1868  (15 

Bridger,  Fort,  Wyo. 
Do  

Reserved  by  Execu- 
tive order  dated 
July  14,  1859. 

Mar.  25,1871 
Feb.   15,1872 

Stat.,  223). 

Act  Feb.  24,  1871  (16 
S  tat.,  430). 

....  do  

Reservation.    G.    O. 
74,  A.  G.  O.,1868. 
Portion      496      square 
miles.    G.  O.  19,  A. 
G.  O.,1871. 
Modifies  G    O    19    A 

Do 

July   22  1884 

Act  July  5   1884  (23 

G.  O..1871. 

Coal  reservation   99  17 

Do  

Brooke,  Fort,  Fla... 

Brown,  Camp,  Wyo  . 

Reserved  by  Execu- 
tive orders  dated 
Dec.  10,  183-  ,  Jan. 
22,  1877,  and  May 
29,  1878. 
Established      June 

Oct.    14,1890 
Jan.      4,1883 

Stat.,  103). 
do  

Act  Aug.  18,  1856  (11 
Stat.,  87). 

acres,  G.  O.80,A.  G. 
O.,1884. 
10,240acres.    G.O.123, 
A.  G.  O..1890. 
148.  11  acres. 

Name  changed  to  Camp 

28,  1869,  as  Camp 
Augur. 

(i)  

Oct     14  1911 

Act  July  5   1884  (23 

Brown  Mar.  28,  1870, 
and  to  Fort  Washa- 
kie  Dec.  30,  1878  (see 
Fort  Washakie). 
G  O   147   W   D    1911 

Buford,     Fort,    N. 
Dak. 

Reserved  by  Execu- 
tive order  dated 

July  30,1891 

Stat.,  103). 
do  

Portion.  Area  not  stat- 
ed.   G.  O.  68,  A.  G. 

Do    

Aug.  18,  1868. 

Oct     31,  1895 

do  

O..1891. 
Remaining  portion 

Butler,  Fort,  N.Mex. 

Cady,  Camp,  Cal.... 
Cameron,         Fort 

Establishment      of 
reservation     and 
its  boundaries  ap- 
proved by  the  Sec- 
retary   of    War, 
Mar.  22,  1861. 
Reserved  by  Execu- 
tive  order  dated 
June  3  1870. 
Reserved  as-'  Post  of 

July   22,1884 

do  
July     2,  1885 

do  

do  
.do  

444,090  acres,  G.  O. 
58,  A.  G.  O.,  1895. 
76,800  acres.  G.  O.  80, 
A.  G.  O.,  1884. 

1,562  acres,   O.   O.  80, 
A.  G.  O.,  1884. 

23,378  acres,  War  De- 

Utah. ' 
Cantonment  Ind  T 

Beaver"  by  Exec- 
utive order  of 
May  12,  1873. 
Name  changed  to 
Fort  Cameron  (G. 
O.71W.D.,  1874). 

Sept     7  1882 

Act    July    31     1882 

partment      circular, 
July  9,  1885. 

For  Indian  schools 

Carl  in,  Nev.  (reser- 
vation near). 

Cascades.          Fort, 

Reserved  by  Execu- 
tive order  dated 
Nov.  9,  1874. 
Established     April 

Mar.  20,1888 
Feb.     2,  1867 

(22  Stat..  181.) 
Act  July  5,  1884  (23 
Stat.,  '103). 

920  acres,  War  Depart- 
ment circular,   Mar 
26,  1888. 
Private  ^laim. 

Wash. 

Cat  Island,  Miss  
Central,  Alaska  . 

29,  1856,  by  order 
of  the  Command- 
ing   General    De- 
partment   of   the 
Pacific.        Reser- 
vation declared  by 
Executive    order 
dated    Aug.     17, 
1864. 
Reserved  by  Execu- 
tive order  of  Aug. 
30,  1847. 
Reserved  by  Execu- 

Nov.   1,1895 
Oct     23  1907 

Act  July  5,  1884  (23 
Stat.,  103). 

do     .... 

Portion.     G.  O.  68    A. 
G.  0.   1895. 

G   O   224,  W.  D.  1907. 

Champlain  Arsenal, 

tive   order  dated 
May  24,  1905,  (G. 
O.23,W.D.,1905). 
Acquired  by  deeds 

Act  June  10,  1872  (17 

Soid  June  6,  1873. 

Vt. 

Charleston  Arsenal. 
S.  C. 

from  Enoch  Wood- 
bridge  dated  Oct. 
8,  1816,  and  Mar. 
23,  1828 
Acquired   by   deed 
from  the  city  coun- 
cil  of  Charleston 
dated  May  17.  1841. 

Apr.     7,1888 

Stat.,  380). 

Act  Mar.  8,  1888  (25 
Stat.,  45). 

Conveyed  by  deed  to 
the    Porter   Military 
Academy        Deed 
given  Apr.  7,  1888. 

r F  _ar.  21, 1846,  and  a  fort  erected.    Title  held  to  be  in  Maria  Josefa  Cavazos 

by  Supreme  Court  of  the  United  States  in  October,  1879,  in  case  of  city  of  Brownsville  v.  Cavazos  (100  U.  S. 
Sup.  Ct.  Rep.,  138).  Title  finally  secured  by  the  United  States  in  1895,  the  Attorney  General  holding  on 
April  25  of  that  year  that  "a  complete  title  is  now  vested  in  the  United  States." 


MILITARY   RESERVATIONS.  479 

Military  reservations  turned  over  by  the  War  Department,  etc. — Continued. 


Name  of  reservation. 

Method  and  date  of 
acquisition. 

Date  of  relin- 
quishment. 

Authority  for  relin- 
quishment. 

Additional  data. 

China  or  White  Hall 
Cemetery,  Pa. 

Churchill  Fort  Nev 

Acquired   by   deed 
from  George  Ran- 
dalJ  and  wife  dated 
Aug.  30,  1864. 
Established  July  20 

Dec.     2,  1912 
June  15  1871 

Act  Aug.  24,  1912  (37 
Stat.,  440). 

Sold  to  Amos  R.  Allen. 
Deed  given  Dec.     2, 
1912. 

No  formal  reservation 

Collins,  Fort,  Colo... 

Columbia    Arsenal, 
Tenn. 

Colville,  Fort,  Wash. 

i860. 
Reserved  by  Execu- 
tive order  dated 
Nov.  14,  1864. 
Acquired  (donated) 
by  deed  from  Sims 
Latta  and  wife  et 
ai.  dated  Nov.  26, 
1888. 
Reserved  by  Execu- 
tive  order  dated 
Jan.  27,  1871. 

July   16,1872 
June  30,1904 

Feb.  26,1887 

Act  May  15,  1872  (17 
Stat.,  120). 

Act  Apr.  23,  1904  (33 
Stat.,  296J. 

Act  July  5,  1884  (23 
Stat.,  103). 

G.  0.  35,  A.  G.  0.,  1872. 

To  Columbia  Military 
Academy  for  educa- 
tional purposes. 

1,070  acres.   War   De- 
partment     circular, 
Mar.  1.  1887. 
See     Fort     Sherman 

Idaho. 
Council  Grove,  Okla. 

Covington,  Fort.Md. 
Craig,  Fort,  N.  Mex. 

Crawford  Fort  Colo 

Reserved  by  Execu- 
tive  orders   Dec. 
26,  1885  and  Apr 
20,  1889. 
Acquired   by   deed 
from  William  Lor- 
man  dated  Apr.  23, 
1814. 
Established  in  1853. 
Reservation     de- 
clared by  Execu- 
tive order   dated 
Sept.  23,  1869. 
Reserved  by  Execu- 

Jan.   14,1895 
Jan.    29,1869 
Mar.     3,1885 

July    22  1884 

Act  July  5,  1884  (23 
Stat.,  103). 

Act  June  25,  1868  (15 
Stat.,  254). 

Act  July  5,  1884  (23 
Stat.,  1031). 

do    

Idaho. 
Military  timber  reserve 
for  Fort  Reno,  Okla., 
5,760  acres.   G.  O.  19, 
A.  G.  O.,  1895. 
G.  0.39,  A.  G.  0.,186S 

24,895  acres.   G.  O.  21. 
A.  G.  0.,  1885. 

Portion,     G.     O.    80, 

Do 

tive   order   dated 
Mar.  12,  1884. 

Dec.  30,1890 

do  

A.  G.  O.,  1884. 
Remainder,  5,472  acres. 

Crawford    Fort 

Established  in  1816.  . 

Act  Mar.  3,  1857  (11 

G.  O.  148,  A.  G.  O., 
1890. 
Portion  sold  by  War 

Wis.,  and'  Iowa. 

Crittenden,    Camp, 
Ariz. 

Crittenden,       Fort, 
Utah. 

Tract  of  200  acres 
purchased      from 
James   H.    Lock- 
wood  May  19,  1829. 
Reserved  by  Execu- 
tive order  of  Aug. 
20,  1867. 
Established  Aug.  24, 
1858,     as     Camp 
Floyd. 
Established  July  1 

July    22,1884 
do  

Stat.,  203). 

Act  July  5,  1884  (23 
Stat.,  103). 

do  

Act  Feb  15  1881  (21 

Dept.  in  1857.    Bal- 
ance disposed  of  by 
Interior  Dept. 

3,278.08  acres.      G.  O. 
80,  A.  G.  0.,  1884. 

94,550  acres.     G.  O.  80, 
A.  G.  0.,  1884. 

Act  restores  to  public 

Cummings,  Fort,  N. 
Mex. 

Custer,  Fort,  Mont.  . 
Dakota  Fort  Dak 

1857,  from  public 
domain. 
Reserved  by  Execu- 
tive  orders   Apr. 
29,  1870,  and  Nov. 
9,1880. 
Reserved  by  Execu- 
tive  order  dated 
Dec.  7,  1886,  from 
lands  embraced  in 
the  Crow  Indian 
Reservation. 
Established  May  1 

Oct.    20,1891 
Apr.  23,1902 

Stat.,  325). 

Act  July  5,  1884  (23 
Stat.,  103). 

Act  July  14,1870(16 

domain.      G.  O.  25, 
A.  G.  0.,  1881. 
23,040  acres.     G.  O.  85, 
A.  G.  O.,  1891. 

G.  O.41,A.G.O.,1902. 

Dallas  Fort  Fla 

1865. 

Stat.,  275). 

See     Biscayne     Key, 

Dalles,  Fort,  Creg... 

Date  Creek,  Camp, 
Oreg. 
Davis,  Fort,  Tex.... 

Reserved  by  order 
of  the  Secretary  of 
War  Jan.  29,  1849. 
Established  Mar.  30, 
1870. 
Established  rct.  7, 
1854.     Title    ac- 
quired   by    deed 
from  Daniel  Mur- 
phy     and      wife 
dated     May     24. 
1883. 

Mar.  28,1877 

Dec.     7,1874 
Dec.   17,1906 

Act  Mar.  3,  1877  (19 
Stat.,  406). 

Act  June  22,  1874(18 
Stat..  201). 
Act  July  5,  1884  (23 
Stat.,  103). 

Fla. 
G.O.24,A.  G.O.,1877. 

G.    O.  88,    A.  G.    O., 
1874. 
G.O.  205,  W.D.,1906. 

12925°— 1G 31 


480  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

Military  reservations  turned  over  by  the  War  Department,  etc. — Continued. 


Name  of  reservation. 

Method  and  date  of 
acquisition. 

Date  of  relin- 
quishment. 

Authority  for  relin- 
quishment. 

Additional  data. 

Del  Rio  Tex 

Title   acquired    by 

Act  May  19  1896  (29 

Detroit  Arsenal  and 

deed  from  the  San 
Felipe      Agricul- 
tural,     Manufac- 
turing   &    Irriga- 
tion    Co.     dated 
Apr.  15,  1880. 
Set  aside  from  the 

Stat.,  126). 
Act  June  28  1832  (4 

grantors.    409  acres. 
Sold  755  1  acres  Sept  3 

Barracks,  Mich. 
Dodge  Fort  Towa 

public  domain  and 
acquired  by  deeds 
from  Elijah  Brush 
and  others  dated 
from  Nov.  15,  1811, 
to  Nov.  20,  1832. 
Reserved  by  G    O 

Aband  o  n  e  d 

Stat.,  551).      Act 
Mar.    3,    1819    (3 
Stat.,  520).      Act 
Mar.   3,   1875   (18 
Stat.,  510). 

1832.  Sold  1  acre  Nov. 
29,  1854.      Sold  bal- 
ance of  reservation  in 
1875. 

Dodge,  Fort,  Kans.  . 
Dram  Barracks,  Cal. 

19,  1850. 
Reserved  by  Execu- 
tive order   dated 
June  22,  1868. 
Acquired  by  deeds 

June  1.1853. 
Jan.    12,1885 

Act  July  5,  1884  (23 
Stat.,  103). 

Act   Feb.   25,    1873 

12,000  acres.     G.  O.  8, 
A.  G.  ().,  1885. 

Reconveyed  to  grant- 

Dry  Tortugas   (in- 

from Phineas  Ban- 
ning, dated  Oct. 
31,  1863,  and  from 
Phineas  Banning 
and  Benj.  J.  Wil- 
son,   dated    Feb. 
12,  1864. 
Reserved  by  Execu- 

Apr. 7  1900 

(17  Stat.,  737). 

ors.    G.  O.  45,  A.  G. 
0.,  1873. 

Transferred   to  the 

cluding  Fort  Jef- 
ferson), Fla. 

Ellis   Island,    New 

tive  order  dated 
Sept.  17,  1845. 

Acquired   by   deed 

Act    Apr     11     1890 

Navy  Department 
by  direction  of  the 
President.    G.  O.  59, 
A.  G.  O.,  1900. 
Transferred    to   the 

York  Harbor. 

Ellis,  Fort,  Mont.... 
Elliott,  Fort,  Tex... 

from  the  Governor 
of   the    State    of 
New  York  dated 
June  20,  1808. 
Established  Aug.  27, 
1867. 
Title   acquired    by 

July  26,  1886.. 
Oct.  14  1890 

(26  Stat.,  670). 

Act  July  5,  1884  (23 
Stat.,  103). 
do    .... 

Treasury       Depart- 
ment for  use  by  the 
Immigration  Service. 

32,116.10  acres.    W.  D. 
circular,  July  29,1886. 
2,560  acres.    G    O   123 

Ellsworth,    Fort, 

deed  from  William 
Walter  Phelps 
dated     Oct.     28, 
1889. 

A.  G.  0.,  1890. 
See  Fort  Harper. 

Kans. 
El  Paso,  Tex.,  (cem- 
etery lot). 

Fayette,  Fort,  Pa., 
also   called    Fort 
La  Fayette. 

Fayetteville     Arse- 

Title  acquired    by 
deed  from  Archi- 
bald    C.     Hyde, 
admr.,  estate    of 
S.  Hart,  deceased, 
dated     Dec.     10, 
1884. 
On  site  of  Fort  Du 
Quesne  built  by 
the  French  in  1754. 
Subsequently   re- 
built by  the  Eng- 
lish   and    named 
Fort  Pitt. 
Acquired  by  deeds 

Apr.  6,  1894.. 
Nov.    8,1894 

Act  Mar.  3,  1893  (27 
Stat.,  593). 

Act   May   21,    1890 
(26  Stat.,  116). 

Act  June   10    1872 

Old     cemetery     site, 
153,400   square    feet. 
Transferred  to  city  of 
El  Paso  for  park  or 
other     public     pur- 
poses.   G.  O.  11,  A. 
G.  O.,  1894. 
Located      corner      of 
Perm.  Ave.  and  Gar- 
rison   Alley,     Pitts- 
burgh.        Sold     to 
Charles  Me  Knight. 

Sold  June  17,  1873. 

nal,  N.  C. 

Fetterman,      Fort, 
Wyo. 

Floyd,  Camp,  Utah. 

from  Michael  Mc- 
Gary  and  others 
dated  from  Nov. 
15,  1836,  to  Feb. 
6,1858. 
Established  in  June, 
1869.  Reserved  by 
Executive    order 
dated  Feb.  9,  1877. 

July   22,1884 

(17  Stat.,  380). 

Act  July  5,  1884  (23 
Stat.,  103). 

45,085.56  acres.     G.  O. 
80,  A.  G.  O.,  1884. 

See    Fort    Crittenden 

Fred  Steele,   Fort. 
Wyo. 

Gansevoort,     Fort, 

Reserved  by  Execu- 
tive order  dated 
June  28,  1869. 

Acquired  from  John 

Aug.    9,1886 

Act  July  5,  1884  (23 
Stat.,  103). 

Utah. 
24,833.29  acres.    Ceme- 
tery    site    reserved 
from  sale.    War  De- 
partment     circular, 
Aug.  12,  1886. 
Sold  to  the  city  of  New 

Jacob  Astor   and 
wife  by  deed  dated 
July  23,  1812. 

York  in  1850. 

MILITARY  RESERVATIONS.  481 

Military  reservations  turned  over  by  the  War  Department,  etc. — Continued. 


Name  of  reservation. 

Method  and  date  of 
acquisition. 

Date  of  relin- 
quishment. 

Authority  for  relin- 
quishment. 

Additional  data. 

Gaston,  Fort,  Cal... 

Reserved  by  Execu- 
tive order  dated 

Feb.   11,1892 

Act  July  31.  1882  (22 
Stat.,  181). 

451.5     acres.       Trans- 
ferred to  the  Interior 

Apr.  2,  1869. 

Department  by  let- 

ter   of   Secretary    of 

War  of  Feb.  11,  1892. 

SeeG.0.  14,A.G.O., 

1892. 

Gibson,  Fort,  Ind.T. 

Established  hi  April, 
1824.  Reserved  by 
Executive    order 

Feb.     7,  1891 

Act  July  5,  1884  (23 
Stat.,  103). 

5,541  acres.     National 
cemetery    exceptcd. 
G.  0.  15,  A.  G.  0., 

dated  Jan.  25,  1870. 

1891. 

Gibson    Fort    New 

See  Ellis  Island. 

York'  Harbor. 

Gig  Harbor,  Wash. 
(Nos.  22  and  33). 

Reserved  by  Execu- 
tive orders  dated 

Nov.  14,1894 

Act  July  5,  1884  (23 
Stat.,  103). 

1,141.  43  acres.  G.O.63, 
A.  G.  0.,  1894. 

Sept.  22,  1866,  and 

June  9  1868. 

Goodwin       Camp 

Reserved  by  Execu- 

July   22,  1884 

do 

5  760  acres.    G    O.  80, 

Ariz.    ' 

tive   order  dated 

'A.  G.  O.,  1884." 

Aug.  20,  1867. 

Grant,  Camp  (old), 

Established  hi  Nov., 

do  

do  

2,031.70  acres.  G.  O.80, 

Ariz. 

1865.  Reserved  by 

A.  G.  O.,  1884. 

Executive    order 

dated    Mar.    30, 

1870. 

Grant,  Fort,  Ariz... 

Reserved  by  Execu- 

Aug. 10,1911 

do  

G.  0.  133,  W.  D.,  1911. 

tive    order  dated 

Except   portion    in- 

Apr. 17,  1876. 

corporated  in  Mount 

Graham  Forest  Re- 

serve by  Executive 

Order  dated  Oct.  b, 

1906.      (G.    o-    177, 

Grass  Island,  Wash.. 

Reserved  by  Execu- 

Mar. 28,1906 

do  ... 

W.  D.  1906.) 
G.  O.  65,  W.  D.,1906. 

tive  order  dated 

June  12  1905 

Gratiot,  Fort,  Mich.. 

Reserved  'by  Execu- 
tive order  dated 

Nov.    9,  1880 

Act  July  20.  1868  (15 
Stat.,  123). 

Portion.     G.     O.    60, 
A.  G.  O.,  1868. 

Nov.      11       1828 

Additional  tracts 

acquired  by  pur- 

chase in  1833  and 

in  1834. 

Do  

Act  Mar.  18,  1870  (16 

20.9  acres.    G.  O.  49, 

Stat.,  76,  amend- 

A. G.  O.,  1870. 

ing  act  July   20, 

1868. 

Do  

Act  Mar.  3,  1873  (17 

Cemetery  grounds 

Stat.,  620). 

G.  O.  45,  A.  G.  O., 

1873. 

Do  

Act  June  16,  1880  (21 

Remainder.    G.  O.  55, 

Greenwood   Island, 

Acquired   by   deed 

Dec.  26,1890 

Stat.,  310). 
Act  July  5,  1884  (23 

A.  G.  0.,  1880. 
100  acres.    G.  O.  147, 

Miss. 

from  Jacob  Bap- 

Stat., 103). 

A.  G.  O.,  1890. 

tist  and  wife  dated 

Hall,  Fort,  Idaho... 

Aug.  2,  1848. 
Reserved  by  Execu- 
tive order  dated 

Apr.  26,1883 

Act  July  31,  1882  (22 
Stat.,  181) 

For  Indian  schools. 

Oct.  12,  1870. 

Halleck,  Fort,  Nov.. 

Reserved  by  Execu- 
tive order  of  Oct. 

Oct.    11,1886 

Act  July  5,  1884  (23 
Stat.,  103). 

10,900.93  acres.    W.  D. 
circular,     Oct.     28, 

4,  1870. 

1886. 

Hamer,  Fort,  Fla.  .  . 

Reserved  at  request 

Feb.  26,1876 

Act  Aug.  18,1856(11 

of  the    Secretary 

Stat.,  87). 

of  War  upon  the 

Secretary   of   the 

Interior  dated 

Nov.  27,  1849. 

Hancock  Barracks, 
Me. 

Acquired  by  deeds 
from  Joseph  Houl- 

June  24,1873 

Act  Mar.  14,  1872(17 
Stat.,  40). 

Sold  to  highest  bidder 
June  24,  1873. 

ton,     jr.,     dated 

July  5,  1828,  and 

Jan.  30,  1829. 

Hancock,  Fort,  Tex. 

Acquired  by  deeds 
from  Granville  M. 

Nov.    1,1895 

Act  July  5,  1884  (23 
Stat.,  103). 

468  acres.    G.   O.   58, 
A.  G.  O.,  1895. 

Dodge   and    wife 

dated     Apr.     14, 

1883,    and     from 
Herbert  M.Hoxie, 

dated    Aug.    31. 

1883. 

482  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

Military  reservations  turned  over  by  the  War  Department,  etc. — Continued. 


Name  of  reservation. 

Method  and  date  of 
acquisition. 

Date  of  relin- 
quishment. 

Authority  for  relin- 
quishment. 

Additional  data. 

Marker,  Fort,  Kans. 
Harney,  Fort,  Oreg. 

Reserved  by  Execu- 
tive  order  dated 
Nov.  3.  1866. 
Reserved  by  Execu- 

July   12,1880 

Act  June  15,  1880(21 
Stat.,  198). 

G.O.55,A.G.O.,1880. 
Situated    within   Mal- 

Harpers  Ferry    \r- 

tive  order  dated 
Dec.  5,  1872. 

Established  in  17<)f> 

Act  Mar  3   1819  (3 

heur   Indian   Reser- 
vation,   which    was 
declared     Sept.     12, 
1872.    Executive 
order  of  Dec.  5,  1872, 
revoked  by  the  Presi- 
dent July  23,  1880. 
Cort-iin  lots  sold  Sept 

morvand  Arsenal. 
W.  Va. 
Do 

(title  acquired  by 
purchase). 

Stat.,  520). 
Act  Dec  15  1868  (15 

30,  1852. 
Part   of  balance  sold 

HartsufT,  Fort,Nebr. 
Hays,  Fort,  Kans... 
Do 

Reserved  by  Execu- 
tive  order  dated 
Sept.  16,  1874. 
Reserved  bv  Execu- 
tive order  dated 
Aug.  28,  1868. 

July    22,1884 
May    13,1886 
Nov      2  1889 

Stat.,  265). 

Act  July  5,  1884  (23 
Stat.,  103). 

Act  June  11,  1884  (23 
Stat.,  40). 

\ct  July  5   1884  (23 

and  part  conveved  to 
StorerCollepo." 
3,251.41    acres.    G.    O. 
80,  A.  G.  0.,  1884. 

Portion  not  to  exceed 
165  acres.    G.  O.  53, 
A.  G.  O.,1884. 
Remainder  7  POO  acres 

Stat.,  103). 

G.  O.  81,  A.  G.  O.'. 

Horn  Island,  Miss.. 

Reserved  by  Execu- 

Nov.    1,1895 

do  

1889. 
Portion  transferred. 

Hopkins,  Fort,  Oreg 

tive  order  of  Aug. 
30,  1847. 

Established  Julv  26, 

Feb    16  1891 

SeeG.  O.58,  A.G.O. 
1895.    Tran  s  f  e  r  of 
balance  approved  by 
President    Aug.    25, 
1900. 
No  formal  reservation.    ^ 

Hot  Springs,  Ark... 
Houston,  Fort,  Term 

1856. 
Reserved  by  Execu- 
tive order  Nov.  17, 
1880. 
Acquired    by   deed 

Aug.  27,1890 

Act  July  5,  1884  (23 
Stat.,  103). 

Act  June  23,  1874(18 

All  of  square  or  block 
94.   G.  0.96,  A.G.O., 
1890. 
Donated  to  Fisk  Uni- 

Howard, Fort,  Wis.  . 
Hualpai  Fort  Ariz 

from  Russell 
Houston,  dated 
Aug.  21,  1865. 

Reserved  by  Execu- 
tive order   dated 
Mar.  2,  1829. 
Established  Mav  9 

Mar.  19,1863 
Apr    22  1874 

Stat.,  276). 

Act  Mar.  3,  1863  (12 
Stat.,  771). 

versity     lor     educa- 
tional   purposes. 
G.  O.  86,  A.  G.  O., 
1874. 

No  formal  reservation     •> 

Humboldt,Fort,  Cal 

1869. 
Established  Jan.  30 

Apr      6,  1870 

Do 

Independence  Camp, 
Cal. 

Indianapolis    Arse- 

1853 (not  declared 
by  Executive  or- 
der). 
Reserved  by  Execu- 
tive order   dated 
Jan.  23,  1866. 
Acquired  by  deeds 

July   22,1884 

Act  July  5,  1884  (23 
Stat.,  103). 

Act  June  30,  1902  (32 

5,210.38  acres.     G.   O. 
80,  A.  G.  O.,  1884. 

Sold.    G.  O.  68,  A.  G. 

nal,  Ind. 
Jefferson,  Fort,  Fla 

from  A.  R.  Ben- 
ton  and  wife  dated 
Dec.  22,  1862,  from 
Calvin    Fletcher, 
jr.,  and  wife,  dated 
Dec.  15,  1862,  and 
from  other  parties. 

Stat.,  515). 

O.,  1902. 
(See  Dry  Tortugas  ) 

Jesup,  Fort,  La    

Reserved  by  Execu- 

Mar   25,  1871 

Act  Feb  24  1871  (16 

G  O  19,  A.G.O.  ,1871. 

Jones,  Fort,  Cal  

tive  order  of  June 
3,  1833. 
Established  Oct.  16 

May   27,1870 

Stat.,  430). 

No  formal  reservat  ion  . 

Jossman,  Camp,  P.  I. 

Jupiter,  Fort,  Fla... 

Kearney  ,  Fort,  Iowa, 

1852. 
Reserved  by  Execu- 
tive orders  dated 
Sept.  1,  1903,  and 
Nov.  22,  1909,  pur- 
suant to  act  ap- 
proved Julv  1.1902 
(32  Stat.,  691). 
Reserved  by  Execu- 
tive order  of  May 
14,  1855. 
Reserved  by  Execu- 

Sept. 30,  1912 
Mar.  16,1880 

Act  July  1,  1902  (32 
Stat.,  691). 

Act  Aug.  18,  1856(11 
Stat..  87). 

Act  Apr.  15,  1874  (18 

Executive   Order   No. 
1617. 

9,088.38  acres.    Except 
lighthouse  lot. 

(Fort  Kearney, 
Nebr.,  timber  re- 
serve). 

tive  order   dated 
Apr.  9,  1846. 

Stat.,  539). 

MILITARY   RESERVATIONS.  483 

Military  reservations  turned  over  ~by  the  War  Department,  etc. — Continued. 


Name  of  reservation. 

Method  and  date  of 
acquisition. 

Date  oi  relin- 
quishment. 

Authority  tor  relin- 
quisnment. 

Additional  data. 

Kearney,  Fort,  Nebr. 
Klamath,Fort,  Oreg. 
Lane,  Fort,  Oreg  — 

Taken  from  the  pub- 
lic domain  but  not 
formally  reserved. 
Reserved  by  Execu- 
tive order  dated 
Apr.  6,  1869. 
Reserved  by  Execu- 

Dec.    2,  1876 
May     4,  1886 
Mar.  25,1871 

Act  July  21,  1876(19 
Stat.,  95). 

Act  July  5,  1884  (23 
Stat.,  103). 

Act  Feb.  24,  1871  (16 

G.  O.  111.  A.  G.  O., 

1876. 

3,33'.G8  acres.    W.  D. 
circular,  May  6,  1886. 

G.O.19,  A.G.O.,1871. 

Lapwai,  Fort,  Idaho 
Do    

tive  order  dated 
Oct.  13,  1855. 
Reserved  by  Execu- 
tive order  dated 
Apr.  23,  1864,  and 
modified  by  Exec- 
utive order  dated 
June  15,  1871. 

June    5,  1882 
May     7,  1884 

Stat.,  430). 

Act  July  31,  1882  (22 
Stat.,  181). 

Act  Feb  14  1853  (10 

Post  reserve  for  Indian 
schools. 

Laramie,  Fort,  Wyo  . 

Part    acquired    by 

Stat.,  159). 
ActAug  14  1876(19 

Restores  a  portion  to 

deed  from  Pierre 
Chouteau,  jr.,  & 

Stat.,  132). 

public  domain.     G. 
O.  90,  A.  G.  O.,  1876. 

Do 

Co.,  dated  June  28, 
1852,  and  balance 
reserved  from  the 
public  domain  by 
Executive  orders 
dated  June  28,  1869, 
and  Apr.  2,  1872. 
"\Yood  and  timber 
reserve  set  apart 
by  Executive  or- 
der dated  Feb.  9, 
1881. 

June    9  1890 

Act  July  5  1884  (93 

Do  

Lamed,  Fort,  Kans. 
Lewis,  Fort,  Colo... 
Do  

Reserved  by  Execu- 
tive order    dated 
Jan.  3,  1868. 
Reserved  by  Execu- 
tive  order   dated 
Jan.  27,  1882. 

Nov.    4,1897 

Mar.  26,1883 
Nov.  12,1891 
Feb.   16,1895 

Stat.,  103). 
do  

Act  Aug.  4,  1882  (22 
Stat.  ,217). 

Act  July  31,  1882  (22 
Stat.,  181). 

Act  July  5,  1884  (23 

G.  O.  60,  A.  G.  O., 
1890. 
Wood  and  timber  re- 
serve,   39,680    acres. 
G.  O.  61,  A.  G.  O., 
1897. 

G.    0.  110,  A.  G.  O., 

1882. 

30,336  acres.    G.  O.  89, 
A.  G.  O.,  1891. 

G  O  19  A  G   O    1895 

Liberty  Arsenal,  Mo. 

Acquired  by   deed 

Stat..  103). 
Act  July  25,  1868  (15 

Sale  at  auction  author- 

Little   Rock    Bar- 
racks, Ark. 

Logan   Fort,  Mont 

from  Joel    Turn- 
ham     and    wife, 
dated  June  30,  1837. 
Acquired  by  deeds 
May  9,  1837,  from 
Richard  C.  Haw- 
kins and  wife,  John 
McLain  and  wife, 
and  Noah  H.  Bad- 
gett  and  wife. 

Oct.    14,1890 
June     4  1881 

Stat.,  187). 

Act  July  5,  1884  (23 
Stat.,  103). 

Act  May  8   1880  (21 

ized.    G.   O.   71,   A. 
G.  O.,  1868. 

36.01  acres.    G.  O.  123, 
A.  G.  O.,  1890. 

Louisiana  (reserva- 
tions in).1 

Lowell,  Fort,  Ariz.. 
Lyon,    Fort    (old), 

Reserved  by  Execu- 
tive  order  dated 
Mar.  25,  1844. 
Reserved  by  Execu- 
tive  order  dated 
Oct.  26,  1875,  and 
enlarged  by  Exec- 
utive order  dated 
May  25,  1886. 
Established  Aug.  29, 

Sept.  23,  1886 
Mar.     5,1891 

July   22,1884 

Stat.,  114). 

Act  July  5,  1884  (23 
Stat.,  '103). 

do  
do  

ized.     G.    O.   38,   A. 
G.  0.,  1880. 
6,170.79  acres.    W.  D. 
circular,     Sept.     28. 
1886. 
G.  O.  24,  A.  G.  O.,  1891. 

38,000  acres.    G.  O.  80, 

Colo. 
Lyon,  Fort,  Colo  

1860. 
Reserved  by  Execu- 
tive order   dated 
Sept.  1,  1868. 

Dec.     2,  1889 

do  

A.  G.  0.,   1884. 
5,874  acres.    G.   O.  9, 
A.  G.  O.,  1890. 

i  Ten  reservations  on  the  Gulf  coast,  as  follows:  One  near  the  eastern  mouth  of  Bayou  Lafourche;  one 
near  western  mouth  of  Bayou  Lafourche;  one  on  Bayou  Plat;  one  near  western  entrance  of  Caminada  Bay; 
one  near  the  pass  at  the  eastern  end  of  Grand  Terre  Island;  one  near  the  mouth  of  Quatre  Bayou  Pass;  one 
at  Bastian  Bay;  three  near  Bastian  Bay. 


484  UNITED    STATES    MTLITAKY    RESERVATIONS,  ETC. 

Military  reservations  turned  over  by  the  War  Department,  etc. — Continued. 


Name  of  reservation. 

Method  and  date  of 
acquisition. 

Date  of  relin- 
quishment. 

Authority  lor  relin- 
quishment. 

Additional  data. 

Maginnis,    Fort 
Mont. 

Malagi  P  I 

Reserved  by  Execu- 
tive order  dated 
Apr.  8,  1881. 
Reserved  by  Execu- 

Aug. 14,1890 
Fob  1  1906 

Act  July  5,  1884  (23 
Stat,  103). 

31,059.21  acres.    G.  O. 
91,  A.  G.  0.,  1890. 

Restored  to  the  Govt.  of 

Marcy,Fort,N.Mex. 
Mare  Island,   Cal., 

tive  order  dated 
Nov.  6  1902. 
Reserved  by  Execu- 
tive order  dated 
Aug.  28,  1868. 

Reserved  by  Execu- 

June 28,1895 

Act  July  5,  1884  (23 
Stat.,  103). 

the  P.  I.;    G.  O.  28, 
W.  D.,  1906. 
17  acres,  3,425  square 
yards,    2,656   square 
feet.    G.  O.  40,  A.  G. 
O.,  1895. 
Disposed  of  by  the  In- 

Military Reserva- 
tion No.  7  opposite. 

McDermit,    Fort, 

Nev. 

Do  

tive  order   dated 
Nov.  6,  1850. 

Reserved  by  Execu- 
tive orders  dated 
Sept.  3,  1867,  and 
Oct.  4,  1870. 

Deo.  1,1886 
July  24  1889 

Act  July  5,  1884  (23 
Stat.,  103). 

do  

terior     Department, 
under   authority    of 
acts    Mar.     3,     1863 
(12    Stat.,  808)    and 
Julv     26,     1866    (14 
Stat.,  220). 
Hay  reservation,  6,400 
acres.    A.  Q.  O.  cir- 
cular, Dec.  3,  1886. 

Post   reserve,   3,974  40 

McDowell,    Fort, 
Ariz. 

Do      

Reserved  by  Execu- 
tive order  dated 
Apr.  12,  1867. 

Oct.  1,1890 
Mar  2  1891 

Act  July  31.  1882  (22 
Stat.,  181). 

Act  July  5,  1884  (23 

acres.    G.  O.  67,  A. 
G.  O.,  1889. 
Post,   buildings,   etc., 
for  Indian  school  pur- 
poses until  required 
for     military     pur- 
poses.  G.  O.  115,  A. 
G.  0.,  1890. 
25,628  acres.    G.  O.  22, 

McGarry,  Camp, 

Nev. 

McKinney,    Fort, 
Wyo. 

Do  

Keservedby  Execu- 
tive order  of  Sept. 
9,  1867. 
Declared  by  Execu- 
tive order  dated 
July  2,  1879,    en- 
larged by  Execu- 
tive order  dated 
Feb.  2,  1880.  and 
reduced  by  Exec- 
utive order  dated 
Jan.  16,  1889. 

Mar.  25,1871 
Jan.  16,1889 

Nov.  14  1894 

Stat.,  103). 
Act  Feb.  24,  1871  (16 
Stat.,  430). 

Act  July  5,  1884  (23 
Stat.,  103). 

.  do  

A.  G.  O.,  1891. 
G.  0.19,A.G.O.,1871. 

Portion,  estimated  640 
acres.    G.  0.  5,  A.  G. 
O.,  1889. 

Military  reserve.  24,960 

McKinney     Depot, 

Reserved  by  Execu- 

Dec. 7,  1894 

....  do  

acres.    G.O.63,A.G. 
O..1894. 
Camp  and  grazing  re- 

Wyo. 
McPherson,  Fort, 

tive  order  dated 
Julv  2.  1879. 
Established  as  a  post 

Jan.  5,  1887 

....do  

serve,  640acres.  G.O. 
19.  A.  G.O.,  1895. 
19,500    acres.    All    ex- 

Nebr. 
McRae,Fort,N.Mex. 

Sept.  27,  1863.  Re- 
served by  Execu- 
tive order  dated 
Jan.  22,  1867,  and 
enlarged  by  Exec- 
utive orders  dated 
Jan.  25,  1870,  Oct. 
11,  1870,  and  Apr. 
19,  1878. 
Reserved  by  Execu- 

July 22  1884 

do  

cept  national  ceme- 
terv    tract.    W.    D. 
circular,  Jan.  10,1887. 

2  560  acres    G  O  80,  A. 

Memphis    Arsenal, 

tive  order  dated 
May  28,  1869. 
Acquired   by   deed 

Act  Mar.  3,  1819  (3 

'G.O.  ,1884. 
Sold    to    the    city    of 

Tenn. 

Missouri   River,  is- 
land in  Mo. 
Mojave,  Fort,  Ariz.. 

Mount  Vernon  Bar- 
racks, Ala. 

MountWhitney,Cal. 

from      Nathaniel 
Anderson,    dated 
Apr.  20,  1&7. 

Reserved  by  Execu- 
tive order  dated 
Mar.  30,  1870. 

Reserved  by  Execu- 
tive order  dated 
Mar.  10,  1830. 

Reserved  by  Execu- 
tive order  dated 
Sept.  20,  1883. 

July  22,1884 
Sept.  29,  1890 

Mar.  10,1895 
Feb.  2,  1904 

Stat.,  520). 

Act  July  5,  1884  (23 
Stat.,  103). 
Act  Julv  31,  1882  (22 
Stat.,  '181). 

Act  Mar.  1,  1895  (28 
Stat.,  701). 

Act.  July  5,  1884  (23 
Stat.  ,103}. 

Memphis     Sept.    15, 
1853. 

G.0.80,A.G.O.,1884. 

14,697    acres.      Indian 
school  purposes  until 
required  for  military 
occupation.    G.     O. 
Ill,  A.  G.  O..1890. 
To  State  of  Alabama 
for  public  purposes. 
G.  O.  38,  A.  6.  O., 
1895. 
G.  0.  35,  W.  D.,  1904. 

MILITARY   RESERVATIONS.  485 

Military  reservations  turned  over  by  the  War  Department,  etc. — Continued. 


Name  01  reservation. 

Method  and  date  oi 
acquisition. 

Date  of  relin- 
quishment. 

Authority  for  relin- 
quishment. 

Additional  data. 

Narrows   of   Puget 
Sound,  Wash. 

Reserved  byExecu- 
tive  order  dated 

Nov.  14,1894 

Act  July  5,  1884  (23 
Stat.,  103). 

582.1  acres  on  west  side 
of  Narrows  at  south 

Sept.  22,  1866. 

side  of  entrance  of 

Gig  Harbor.    G.  O. 

63  A   G   O    1894. 

Do  

do  

.  .  do  

....  do  

637.4  acres  on  west  side 

of  Narrows.    G.   O. 

63,  A.  O.  O.,  1894. 

Do  

....  do  

do... 

do  

635  acres  on  west  side 

of  Narrows  south  of 

Point  Evans.    G.  O. 

63,  A.  G.  O.,  1894. 

Do 

Reserved  by  Execu- 

do 

do 

559.33  acres  on  north 

tive  order  dated 

side  of  Gig  Harbor. 

June  9,  1868. 

G.  0.  63,  A.  G.  O., 

18Q4 

Newcastle,  Del.,  ar- 

Acquired by   deed 

Act  Mar.  3,  1853  (10 

locH. 
Site  conveved  to  trus- 

senal at. 

from  Kensey  Johns 

Stat.,  219). 

tees  of  town  of  New- 

and   James    Rob- 

castle. 

erts,  trustees,  dated 

Nov.  10,  1843. 

Niobrara,Fort,Nebr. 

Established  by  au- 
thority of  act  ap- 

May    9,  1896 

Act  July  5,  1884  (23 
Stat.,  103). 

Portion.    720  acres.  G. 
0.19,A.G.O.,1896. 

proved    June   23, 

1879  (21  Stat.,  33); 

reservation     de- 

clared    by     Ex- 

ecutive     order 

dated     Dec.     10, 

1879;  enlarged  by 

Executive    order 

dated  June  6,  1881, 

and  modified  by 

Executive    order 

dated  Apr.29,  1884. 

Do  

Aug.    1,  1911 

Act  June  25,  1910  (36 

About    1,093.50    acres 

Stat.,  847),  act  July 

withdrawn  from  res- 

5, 1884  (23  Stat., 

ervation  for  military 

103). 

purposes     and     re- 

served for  an  experi- 

mental farm  under 

authority  of  act  of 

June    25,     1910     (36 

Stat.j  847),  and  the 
remainder  of  the  res- 

ervation  transferred 

to  the  Interior  De- 

partment under  au- 

thoritv  of  act  of  July 

5,  1884.    G.   O.  Ill, 

W.  D.,1911. 

Nome,  Alaska  

Reserved  by  execu- 

Sept. 20,  1901 

Act  July  5,  1884  (23 

G.O.132,A.G.O.,1901. 

tive   order  dated 

Stat.,  103). 

Dec.  8,  1900. 

Nueva  Caceres,  Ca- 
marines,     Luzon, 

Reserved  by  execu- 
tive order  dated 

Jan.    13,1910 

Act  July  1,  1902  (32 
Stat.,  691). 

Restored  to  the  Gov- 
ernment of  the  Phil- 

P. I. 

Sept.  1,  1903. 

ippine  Islands;  G.  O. 

14,  W.  D.,  1910. 

Oglethorpe        Bar- 
racks, Ga. 

Acquired  by  deeds 
from  John  H.  Mo- 

Apr.    7,1884 

Act  Apr.  7,  1882  (22 
Stat.,  41). 

G.0.46,  A.G.O.,  1882. 

rel,  marshal  of  the 

district  of  Georgia, 

dated  Apr.  3,  1827, 

and      from      the 

mayor  and  alder- 

men of  Savannah, 

Ga.,  dated  Nov.  5, 
1833. 

Oklahoma,  Okla.... 

Reserved  by  execu- 
tive order  dated 

Oct.      4,1892 

Act  July  5,  1884  (23 
Stat.,  103). 

160  acres,   G.   O.   69, 
A.  G.  O.,  1892. 

Apr.  20,  1889. 

Pagosa  Springs  (old 
Fort  Lewis),  Colo. 

Reserved  by  execu- 
tive order  dated 

July    22,1884 

do  

21,838.08  acres,  G.  0.  80, 
A.  G.  O.,  1884. 

Jan.  28.  1879. 

Pasay  Barracks,  Ri- 
zal,  Luzon,  P.  I. 

Reserved  by  execu- 
tive order  dated 

Sept.  13,1911 

Act  July  1,  1902  (32 
Stat.,  691). 

Transferred  to  Govern- 
ment  of   Philippine 

June  20,  1904. 

Islands;  G.    O.    133, 

W.  D.,  1911. 

Pembina,  Fort,  N. 
Dak. 

Reserved  by  execu- 
tive order  dated 

Dec.     2,1895 

Act  July  5,  1884  (23 
Stat.,  103). 

1.920  acres,  G.  O.  60, 
A.  G.  O.,  1895. 

Oct.  4,  1870. 

486  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

Military  reservations  turned  over  by  the  War  Department,  etc. — Continued. 


Name  of  reservation. 

Method  and  date  of 
acquisition. 

Date  of  relin- 
quishment. 

Authority  for  relin- 
quishment. 

Additional  data. 

Petit    Bois    Blanc 
Island,  Miss. 

Pikes  Peak,  Colo  
Pikesville   Arsenal, 

Reserved  by  Execu- 
tive order  of  Aug. 
30,  1847. 
Reserved  by  Execu- 
tive order  of  Dec. 
23,  1873. 
Acquired  by  deeds 

Nov.    1,1895 
Jan.    16,  1889 

Act  July  5,  1884  (23 
Stat.  103). 

do  

Act  Mar  3   1879  (20 

Q.O.  58,  A.G.O.,1895. 

8,192   acres;  G.    O.   5, 
A.  G.  0.,  1889. 

Transferred      to     the 

Md. 

Point  Roberts, 

Wash. 

Polk,  Fort,  Tex  

from    Dr.    James 
Smith,  dated  June 
18,  1816,  and  Feb. 
25,  1819. 
Reserved  by  Execu- 
tive order  of  Sept. 
13,  1859. 
Established  Mar.  26, 

Sept.  23,  1890 

Stat.,  387). 

Act  July  5,  1884  (23 
Stat.,  103). 

State  of  Maryland. 

1,472  acres;  G.  O.  107, 
A.  G.  O.,  1890. 

Abandoned  as  a  mili- 

Prairie  Du   Chien, 

1846;    S.     O.     40, 
headquarters 
army   of  occupa- 
tion. 

tary  post  Feb.  9,  1850, 
and  turned  over  to 
the  Treasury  Depart- 
ment by  order  of  the 
Secretary  of  War  of 
Apr.  22,  1850. 
See     Fort     Atkinson, 

Wis.,  barracks  at. 
Pnget  Sound,  Wash. 

Iowa,  and  Fort  Craw- 
ford. Iowa  and  Wis. 
See  Narrows  of  Puget 

Quitman,  Fort,  Tex  . 

Established  Sept.  28, 

Sound,  Wash. 
Abandoned  Jan.  5,1877. 

Randall,    Fort,    S. 

1858. 
Reservedbv  Execu- 

Act May  18,  1874  (18 

Portion  confirmed   to 

Dak. 
Do  

tive  Order  dated 
June  14,  1860. 

July   22,1884 

Stat.,  47). 
Act  July  5,  1884  (23 

settlers.    G.    O.    47, 
A.  G.  O.,  1874. 
Portion  (24,503.53  acres 

Do  

Stat.,  103). 
Act  Oct.  1.  1890  (26 

north     of     Missouri 
River)    not   already 
transferred  under  act 
of  May  18,  1874.    G. 
0.  80,  A.  G.  0.,  1884. 
Balance  of  reservation 

Do  

Oct.    20,1893 

Stat.,  646). 
Act  July  5   1884  (23 

lying  east  and  north 
of    Missouri     River 
opened  to  settlers. 
Remainder,    92,160 

Ransom,   Fort,   N. 
Dak. 

Rapids  on   Yukon 
River,  Alaska. 

Reading,  Fort,Cal.  . 

Reserved  by  Execu- 
tive order  of  Jan. 
11,  1870. 
Reserved  by  Execu- 
tive order  of  May 
4,  1908  (G.  0.  90, 
W.  !).,  1908). 
Established  May  26, 

July   14,1880 
July   21,1913 

Stat.,  103). 

Act  June  10,  1880  (21 
Stat.,  172). 

Act  July  5,  1884  (23 
Stat.,  103). 

Act  Feb  15,  1881  (21 

acres.     G.  O.  84,  A. 
G.  0.,  1893. 
G.0.55,A.G.O.,1880. 

Executive  Order  No. 
1800,  July  21,  1913. 

Restored  to  public  do- 

Red Bank,  N.  J  
Reno,   Fort,   Okla. 

1852. 

Acquired   by   deed 
from  Benjamin  P. 
Heritage  and  wife 
dated  Mar.  16,  1872. 

Mar.  25,1904 

Stat.,  325). 

Act  July  5,  1884  (23 
Stat./  103). 

main.    G.  O.  25,  A. 
G.  O.,1S81. 
G.  O.  4,  W.  D.,  1904. 
See  also  act  approved 
Jan.  27,  1905  (33  Stat., 
620). 
See  Council  Grove. 

(military    timber 
reservation). 
Reynolds,  Fort,Colo. 

Rice,  Camp  .  .  . 

Reserved  by  Execu- 
tive order  dated 
June  22,  1868. 

July   18,1874 

Act  June  19,  1874  (18 
Stat.,  85). 

G.O.88,A.  G.  O.,  1874. 
SeeFortHancock,Tex. 

Rice,  Fort,  N.  Dak.. 
Ridgley,  Fort,  Minn. 

Reserved  by  Execu- 
tive    orders     of 
Sept.  2,  1864  ,  and 
of  Jan.  22,  1867. 
Established  Apr.  29, 

July  22,1884 

Act  July  5,  1884  (23 
Stat.,  103). 

Act  July  1,  1870  (16 

Estimated    at    102,400 
acres.    G.O.80,A.G. 
0.,  1884. 

G.  0.  87,  A.  G.  O.,  1870. 

Ringgold,  Fort,  Tex. 

1863. 
Established  Oct.  26, 
1848.     Title      ac- 
quired under  de- 
cree  of  court    in 
condemnation  pro- 
ceedings. Mar.  30, 
1878;  amended  at 
March  term,  1879. 

Jan.     4,1911 

Stat.,  187). 
Act  July  5,  1884  (23 
Stat.,  103). 

G.  0.  13,  W.  D.,  1911. 

MILITARY    RESERVATIONS.  487 

Military  reservations  turned  over  by  the  War  Department,  etc. — Continued. 


Name  of  reservation. 

Method  and  date  ot 
acquisition. 

Date  of  relin- 
quishment. 

Authority  for  relin- 
quishment. 

Additional  data. 

Rioley,  Fort,  Minn  . 
Do  .«  

Executive  order  of 
Aug.  2,  1875. 

Act  Feb.  28,  1873  (17 
Stat.,  481). 

Act  Apr.  1,  1880  (21 
Stat.,  69). 

Act   June   10,    1872 
(17  Stat.,  380). 

Act  July  5,  1884  (23 
Stat.,  103). 

do 

Sale   of    portion    east 
of  Mississippi  River 
authorized.      G.    O. 
22,  A.  G.  O.,  1873. 
Restored  to  public  do- 
main.    G.  O.  22,  A. 
G.  O.,  1880. 

G.  0.66,  A.  a.  O.,  1872. 

Portion   transferred. 
SeeG.  O.58,A.G.O., 
1895.   Transfer  of  bal- 
ance approved  by  the 
President    Aug.    25, 
1900. 
5,131.47   acres.    G.    O. 
80,  A.  G.  O.,  1884. 

G.  O.19,A.  G.  O.,1871. 

0.1619  and  0.12786  acre. 
Hospital     Lot     and 
Blacksmith's     Shop 
Lot,  respectively. 
10.29  acres,  Old  Pow- 
der-House    Lot     or 
Governor's     Garden 
Lot.   W.  D.  Circular, 
Mar.  20,  1886. 
Dragoon  Barracks  Lot, 
1.15  acres.  W.D.Cir 
cular,  Nov.  20,  1886. 
Powder  Magazine  Lot. 
G.  O.52,  W.  D.,  1911. 

50    acres.     G.    O.    74, 
A.  G.  O.,  1892. 

Reduced      in      area. 
G.  0.  60,  A.  G.  O., 

1874. 

19,342  acres.     G.0.  102, 
A.  G.  O    1884. 
Transferred     to     the 
Navy     Department, 
G.0.221,W.D.,1909. 

40,960  acres.    G.  O.  80, 
A.  G.  0.,  1884. 

For  Indian  school  pur- 
poses.    G.     O.     44, 
A.  G.  0.,  1890. 
9,613.7  acres.    G.  O.  26, 
A.  G.  O.,  1892. 
G.  0.55,  A.  G.  O.,1880. 

For  Indian  school  pur- 
poses.   G.  O.  30,  A. 
G.  O.,  1892. 

29,843  acres,  turned  over 
to   Interior    Depart- 
ment for  disposition, 
except  9,363.5   acres 
appropriated  for  the 
Fort    Shaw    Indian 
School.    G.    0.    129, 
W.  D.,  1905. 

July     2,  1880 

Sold  June  2. 
1873. 

Nov.    1,1895 

July   22,1884 

Mar.  25,1871 
Oct.    15,1883 

Mar.   18,1886 

Nov.  18,1886 
Apr.  10,1911 
Oct.    27,1892 

Rome  Arsenal,  N.  Y. 

Round  Island,  Miss.. 

Rush  Lake  Valley, 
Utah. 

Sabine,  Fort  La 

Acquired  by  deeds 
from      Dominick 
Lynch,  dated  Mar. 
1,1814,  and  Oct.  9, 
1815,     and     from 
Dominick  Lynch 
and    wile,    dated 
July  4,  1816. 
Reserved  by  Execu- 
tive order  oi  Aug. 
30,  1847. 

Reserved  by  Execu- 
tive order  of  Feb. 
4,  1885. 

Act  Feb.  24,  1871  (16 
Stat.,  430). 
Act  Aug.  18,  1856  (11 
Stat,  88). 

Act  July  5,  1884  (23 
Stat.,  103). 

do 

St.  Augustine,  Fla... 
Do  

Reserved  under  au- 
thority of  act  June 
28,  1832  (4  Stat., 
550). 
do      ... 

Do 

do  .  . 

St.     Francis     Bar- 
racks,   Fla.    (por- 
tion of). 
St.  Marks,  Fla 

do 

Reserved  by  Execu- 
tive order  of  Jan. 
28,  1852. 
Reserved  by  Execu- 
tive order  of  Jan. 
7,    1867.   and   en- 
larged by  Execu- 
tive order  of  June 
28,  1869. 

do 

Sanders,  Fort,  Wyo. 
Do 

Act  June  9,  1874  (18 
Stat.,  65). 

Act  July  5,  1884  (23 
Stat.,  103). 

Aug.  22,1884 
Oct.    19,1909 

July   22,1884 
Apr.     9,  1890 

Mar.   30,1892 
July    14,1880 

Apr.  30,1892 
July   22,1905 

Sangley  Point,  Lu- 
zon, P.  I. 

Sedgwick,  Fort, 
Colo,  and  Nebr. 

Selden,     Fort,     N. 
Mex. 

Do 

Declared  a  military 
reservation  within 
the  limits  of  the 
naval  reservation 
by  Executive  or- 
der of  Mar.  25,  1904. 
Reserved  by  Execu- 
tive order  of  June 
28,  1869. 
Reserved  by  Execu- 
tive  order   dated 
Nov.  28,  1870. 

do  

Act  July  31,  1882  (22 
Stat.,  181). 

Act  July  5,  1884  (23 
Stat.,  103). 
Act   June   10,    1880 
(21  Stat.,  172). 

Act  July  31,  1882  (22 
Stat.,  181). 

Act  July  5,  1884  (23 
Stat.,  103). 

Seward,  Fort,  Dak.. 
Shaw,  Fort,  Mont.  .  . 

Do  

Reserved  by  Execu- 
tive order  of  Nov 
25,  1873. 
Established  as  Camp 
Reynolds  June  21, 
1867.    Declared  by 
the  President  Jan. 
11,  1870. 

488  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

Military  reservations  turned  over  by  the  War  Department,  etc. — Continued. 


Name  oi  reservation. 

Method  and  date  of 
acquisition. 

Date  ot  relin- 
quishment. 

Authority  for  relin- 
quishment. 

Additional  data. 

Sheridan,       Camp, 
Nebr. 

Sherman.    Fort, 
Idaho. 

Do         

Reserved  by  Execu- 
tive order  of  Nov. 
14,  1876,  and  en- 
larged by  Execu- 
tive orders  of  Apr. 
28  and   Dec.   10, 
1879. 
Reserved  by  Execu- 
tive orders  of  Aug. 
25,  1879,  Apr.  22, 
1880,  and  Feb.  2, 
1892. 

July   22,1884 

Apr.  27,1886 
Oct.      5,1900 

Act  July  5,  1884  (23 
Stat,  103). 

do  
.      .do  

18,225  acres.    G.  O.  80, 
A.  G.  0.,  1884. 

"Winter     Pasturage" 
reservation.     W.  D. 
Circular,  May  3,  1886. 

989.90     acres.     G.    O. 

Sidney,  Fort,  Nebr 

Declared  by  Execu- 

Nov. 14,1894 

do 

132,  A.  O.  O.,  1900. 
20  acres  onNE  comer, 

Slsseton,  Fort,  Dak. 

tive  orders  dated 
May  17,  1874,  and 
May  31,  1880. 

Reserved  by  Execu- 

Apr. 22,1889 

....do  

donated    bv    act   of 
June  10,  1892,  to  city 
of  Sidney,  Nebr.,  for 
cemeterv    purposes. 
Balance',    620    acres, 
military  reserve,  and 
3,195.35  acres,  wood 
and  timber  reserve. 
G.  O.  63,  A.  G.  O., 
1900. 
81,920    acres.    W.    D. 

Smith,  Fort,  Ark.... 
Soldiers  Key,  Fla 

tive      order       of 
Mar.  —  .  1867,   as 
Fort  Wadsworth. 
Designated  as  Fort 
Sisseton  Aug.  20, 
1876. 
Acquired   by   deed 
Irom  John  Rogers 
and    wife,   dated 
June  17,  1838. 

Mar.  21,1871 
July     9,  1870 

Act   Feb.   24,   1871 
(16  Stat.,  430). 

Act   Aug     18     1856 

Circular,  May  1,  1889. 
G.  0.  19,  A.  O.  O.,  1871. 

Solomague,     Ilocos 
Sur,  Luzon,  P.  I. 

Spokane,  Fort  (old), 
Wash. 

Stambaugh,  Camp, 

Reserved  by  Execu- 
tive order  dated 
Sept.  1,  1903. 

Reserved  by  Execu- 
tive order  of  Jan. 
12,  1882,  and  mod- 
ifiei  by  Executive 
order  of  Nov.  17, 
1887. 
Established  in  June, 

Jan.    13,1910 
Aug.  28,1899 

May     3,  1881 

(11  Stat.,  87). 
Act  July  1,  1902  (32 
Stat.,  69f). 

Act  July  31,  1882  (22 
Stat.,  181). 

Restored  to  the  Gov- 
ernment of  the  Phil- 
ippine    Islands.    G. 
O.  14,  W.  D.  1910. 
To    Interior    Depart- 
ment  for  Indian 
school  purposes.    G. 
0.  163,  A.  G.  O.,  1899. 

No  formal  reservation.  * 

Wyo. 
Stamton,    Fort,    N. 
Mex. 

Do  

1870. 
Reserved  by  Execu- 
tive order  of  May 
12,  1859. 

Aug.     7,1872 
Aug.  17,1896 

Act  May  21.  1872  (17 
Stat.,  139). 

Act  July  5,  1884  (23 

Reservation  reduced  to 
tract  not  exceeding 
16  square  miles.    G. 
O.  35,  A.  G.  O.,  1872. 
10,240  acres.    G.  O.  3, 

Steilacoom,      Fort 

Reserved  by  Execu- 

Stat., 103). 
Act  Apr  15  1874  (18 

A.  G.  0.,  1896. 
Donates  portion  to  Ter- 

Do   

tive  order  of  Apr. 
5,  1861. 

July   22,1884 

Stat.,  29). 
Act  July  5,  1884  (23 

ritory  of  Waslxington 
for  use  of  insane  asy- 
lum.   G.   O.  32,  A. 
G.  O.,  1874. 
Remainder,  289  acres. 

Stevenson,     Fort, 
Dak. 

Stonington  Arsenal, 

Reserved  by  Execu- 
tive order  of  June 
30,  1868. 
Acquired  by  deeds 

Feb.  13,1895 

Stat.,  103). 
do  

Act  Apr  11,  1876  (19 

G.  O.  80,  A.  G.  O., 
1884. 
G.  0.  19,  A.  G.  0.,  189'. 

Sold  Aug.  1,  1876,  to 

Conn. 
Sullivan,  Fort,  Me... 

dated  Dec.  21,  1809, 
from  Robert  Pal- 
mer and  Feb.  14. 
1823,  from  Samuel 
Bottum. 
Acquired  by  deeds 
from  John  Clark, 
William  F.  Penni- 
man,  et  al.,  dated 
from  June  2,  1809, 
to  Nov.  15,  1836. 

July   22,1884 

1 

Stat.,  32). 

Act  July  5,  1884  (23 
Stat.,  103). 

Richard  A.  Wheeler, 
trustee. 

12.5  acres.    G.  O.  80, 
A.  G.  0.,  1884. 

MILITARY   RESERVATIONS.  489 

Military  reservations  turned  over  by  the  War  Department,  etc. — Continued. 


Name  of  reservation. 

Method  and  date  of 
acquisition. 

Date  of  relin- 
quishment. 

Authority  for  relin- 
quishment. 

Additional  data. 

Sully,  Fort,  S.  Dak.. 
Sulphur  Creek  Wyo 

Reserved  by  Execu- 
tive order  of  Dec. 
10,  1869,  and  modi- 
fied by  Executive 
orders  of  Jan.  17, 
1877,  and  July  30, 
1885. 
Reserved  by  Execu- 

Nov. 14,1894 
July  22,1884 

Act  July  5,  1884  (23 
(Stat.,103). 

do 

25,984  acres.    G.  O.  63, 
A.  G.  0.,  1894. 

Coal    reservation     G 

Summit,  Alaska  

tive  order  of  Sept. 
6,  1859. 
Reserved  by  Execu- 

Oct.  23,1907 

....do  

0.  80,  A.  G.  0.,  1884. 
G.  0.  224,  W.  D.,  1907. 

Sumner,    Fort,    N. 
Mex. 

Sunyner     Fort     N 

tive  order  dated 
May  24,  1905. 
Reserved  by  Execu- 
tive order  of  May 
28,  1869. 
do    .  . 

Mar.  25,1871 

Nov     2,  1907 

Act  Feb.  24,  1871  (16 
Stat.,  430J. 

Act  July  5,  1884  (23 

Except  post  cemetery. 
G.  0.  19,  A.  G.  0., 
1871. 
G  O  231  W  D.,  1907. 

Mex.  (post  ceme- 
terv). 
Supplv  Fort  Okla 

Reserved  by  Execu- 

Nov   14,1894 

Stat.,  103). 
do    . 

40  320  acres     G.  O.  63, 

Tallahassee,       Fla. 
(certain         lands 
near). 
Thomas  Fort,  Ariz 

tive  order  of  Apr. 
18,  1882,  and  en- 
larged by  Execu- 
tive order  of  Jan. 
17,  1883. 
Reserved  by  Execu- 
tive order  of  Nov. 
12,  1838. 
Reserved  by  Execu- 

June   8,1903 
Dec      2,  1892 

....do  

do 

A.  G.  0.,  1894. 

G.O.91,A.  O.  O.,1903. 
10  487  acres.    G.  O.  81, 

Thornburg       Fort 

tive  order  of  May 
18,  1877. 
Reserved  by  Execu- 

Nov   14  1884 

do 

A.  G.  0.,  1892. 
21  851  acres     G  O.80, 

Utah. 
Three  Forks  Camp 

tive  order  of  May 
12,  1883. 
Reserved  by  Execu- 

July  22  1884 

do 

A.  G.  O.,  1884. 
4  800  acres     G    O   80 

Owyhee,  Idaho. 
Totten,  Fort,  Dak... 

Uncompahgre  River, 

tive  order  of  Apr. 
6,  1869. 
Reserved  by  Execu- 
tive order  of  Jan. 
11,  1870. 

Oct.      1,1890 

Act  July  31.  1882  (22 
Stat.,  181). 

'  A.  G.  O.,  1884. 

Pos  t  ,  buildings  ,  etc.  ,  for 
Indian    school   pur- 
poses until  required 
for  military  purposes. 
G.  O.  115,  A.  G.  O., 
1890. 
See     Fort     Crawford. 

Cantonment    on, 
Colorado. 
Union,  Fort,  N.  Mex. 

Verde,  Fort,  Ariz.... 
Do             ..  .. 

Declared  a  reserva- 
tion by  Executive 
order  of  Oct.  9,1868. 

Reserved  by  Execu- 
tive order  of  Mar. 
30,1870.  Enlarged 
by  Executive  or- 
der of  Augl7,  1876. 

Apr.     1,  1894 

July  22,1884 
Oct.    14,1890 

Secretary   of   War, 
Feb.  16,  1894, 

Act  July  5,  1884  (23 
Stat.,  103). 

do    

Colo. 

Private  property. 
Buildings  and 
grounds  totally  aban- 
doned by  United 
States.      Relin- 
quished  to  owners. 
Part  of  Mora  e;rant. 
Garden     tract,     3,000 
acres.    G.  O.  80,  A. 
G.  O.,  1884. 

9  293  79  acres.    G.   O. 

Wadsworth,    Fort, 

123,  A.  G.  0.,  1890. 
See  Fort  Sisseton,  Dak. 

Wallace,    Fort, 
Kans. 

W  alien  Camp  Ariz 

Reserved  by  Execu- 
tive order  of  Aug. 
28,  1868. 

July  22,1884 
Apr    22  1874 

Act  July  5,  1884  (23 
Stat.,  103). 

8,926.09  acres.    G.   O. 
80,  A.  G.  O.,  1884. 

No  formal  reservation 

Warner,  Camp,  Oreg 

Established  July  15, 

Discontinued  Aug.  7, 

Washakie,        Fort, 

1866. 
Reserved  by  Execu- 

Mar. 30,1909 

1874.    S.O.  loghead- 
quarters,        Depart- 
ment of  the  Colum- 
bia, Portland,  Oreg. 
G.  O.  191,  W.  D.,  1908. 

Wyo. 
Waterford,  Pa  

tive  order  of  May 
21,  1887,  subject  to 
rights  of  the  In- 
dians. 
Acquired  by  deed 

Act  Mar.  4  1868  (15 

Within  the  limits  of 
the  Shoshone  Indian 
Reservation(see 
Camp  Brown). 

from    P.    S.    V. 
Hamot  and  wife 
dated  Apr.  17,  1818 

Stat.,  39). 

490  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

Military  reservations  turned  over  by  the  War  Department,  etc. — Continued. 


Name  of  reservation. 

Method  and  date  of 
acquisition. 

Date  ot  relin- 
quishment. 

Authority  for  relin- 
quishmem. 

Additional  data. 

Wayne  Fort  Ark 

• 

Mar    26  1871 

\ct  Fob  24  1871  (16 

G  O  19  A  G  O    1871 

Whipple   Barracks 

Julv  22  1884 

Stat.,  430). 
Act  July  5    1884  (23 

720  acres     G  O  80    V 

Anz.(tiraber  reser- 
vation). 
White  Hall  or  China 

Stat.,  103). 

G.  O.,  1884. 
See   China    or    White 

Cemotery,  Pa. 
White  River  Camp 
on,  Colorado. 

Whitney,  Mount, 

Reserved  by  Execu- 
tive order  of  Apr. 
26,  1881. 
Reserved  by  Execu- 

July 22,1884 
Feb.     2,  1904 

Act  July  5,  1884  (23 
Stat.,  103). 

do  

Hall  Cemetery,  Pa. 
40,960  acres.    G.  O.  80, 
A.  G.  0.,  1884. 

G.  O.35,  W.  D.,  1904. 

Cal.(signal  station). 
Wilhelm,  Camp,  P. 

Wilkins,  Fort,  Mich. 
Willow  Grove, 

tive  order  of  Sept. 
20,  1883. 
Reserved  by  Execu- 
tive order  of  Sept. 
1,1903.    (G.O.34, 
W.  D.,  1903.) 
Reserved  by  Execu- 
tive order  of  Aug. 
19,  1853. 

Sept.  30,  1912 

July  22,1884 
Apr.  22,1874 

Act  July  1,  1902  (32 
Stat.,  691). 

Act  July  5,  1884  (23 
Stat.,  103). 

Executive  Order  No. 
1617. 

148.35  acres.    G.  O.  80, 
A.  G.  0.,  1884. 

No  formal  reservation 

Camp,  Ariz. 
Wilmington  Depot, 

See    Drum    Barracks 

Cal. 
Winnebago,     Fort, 

Reserved  by  Execu- 

Act Mar   3    1819  (3 

Cal. 
Sold  Sept.  1-10  1853 

Wls. 
Wise,  Fort,  Colo  

tive  order  of  Feb. 
9,  183.5. 

Stat.,  520). 

See    Old    Fort    Lyon 

W  range  11.   Fort, 

Military  post  estab- 

Finally aban- 

Colo. 
Occupied  by  Treasurv 

Alaska. 
Wright,  Camp,  Cal.. 

lished  and  build- 
ings erected  by  the 
War  Department 
in  1868,  1869,  and 
1870. 
Reserved  by  Execu- 

doned    I)V 
the    \V  a'r 
Depart- 
ment June 
15,  1877. 

Executive  order  of 

Department.        Re- 
served for  use  of  the 
civil  Government  by 
Executive   order  of 
June  21,  1890. 
Transferred  to  the  In- 

Yamhill,Fort,Oreg. 

tive  order  of  Apr. 
27,  1869. 

Established  Mar.  25, 

Aug.  —,1866 

July  26,  1876. 

terior      Department 
for  usearnl  occupancy 
by  the  Indians  on  the 
Round  Valley  Reser- 
vation, Cal. 
No  formal  reservation 

Yates,  Fort,  N.  Dak. 

1856. 
Established  Dec.  23, 

Executive  order  of 

Transferred  to  the  In- 

Yuma,  Fort.   Ariz. 

1874. 

Dec      7  1874 

Jan.  13,  1904. 
Act  Jxme  22  1874  (18 

terior      Department 
for  use  of  the  Indian 
Service.  O.O.13,W. 
D.,  1904. 
Portion  in  Arizona    G 

and  Cal. 
Do  

Stat.,  201). 
Executive  order  of 

0.88,  A.  G.  0.,  1874. 
Trarsferred  to  the  In 

Do  

July  22  1884 

Jan.  9,  1884. 
Act  July  5   1884  (23 

terior      Department 
for  Indian  school  pur- 
poses. 
G  O  80  A  G   O    1884 

Zarah,  Fort,  Kans.  . 

Reserved  by  Execu- 
tive order  of  Jan. 
3,  1868. 

Mar.  25,1871 

Stat..  103). 
Act  Feb.  24,  1871  (16 
Stat.,  430). 

0.0.19,A.G.O.,1871. 

APPENDIX. 


EMINENT  DOMAIN. 

Right  in  the  State. — The  right  to  take  property,  for  public  uses,  is 
inherent  in  government.  The  State  possesses  this  right  as  one  of  the 
rights  of  sovereignty.  (Gilmore  v.  Lime  Point,  18  Cal.,  229.) 

A  "  fort "  is  an  object  of  "  public  use,"  and  a  State  may,  for  its  own 
purposes,  condemn  land  for  a  fort,  or  may  authorize  the  land  to  be 
condemned  for  such  purposes,  for  and  on  behalf  of  the  general 
government.  (Ibid.) 

Assuming  that  the  federal  government  has  the  power  to  condemn 
private  land  within  a  State  for  the  purposes  of  a  "  fort,"  still  that 
power  is  not  exclusive  of  the  power  of  the  State.  (Ibid.) 

But  it  seems  to  be  now  well  settled  that  the  exercise  of  this  right 
for  national  purposes  is  not  among  the  ends  contemplated  in  the  cre- 
ation of  State  governments.  (See  Trombley  v.  Humphrey,  23  Mich., 
471.) 

The  right  of  eminent  domain  is  inherent  in  the  State  and  not  con- 
ferred by  the  Constitution,  and  may  be  delegated  by  the  legislature  to 
any  corporation  or  individual  who  shall  comply  with  the  terms  upon 
which  the  right  is  given.  (Moran  v.  Ross,  79  Cal.,  159.  See  also 
23  Mich.,  471,  supra.) 

How  far  power  of  State  restricted. — The  right  of  eminent  domain 
over  the  shores  and  the  soil  under  the  navigable  waters,  for  all  munic- 
ipal purposes,  belongs  exclusively  to  the  States  within  their  respec- 
tive territorial  jurisdictions,  and  they,  and  they  only,  have  the  con- 
stitutional power  to  exercise  it.  *  *  *  But  in  the  hands  of  the 
State  this  power  can  never  be  used  so  as  to  affect  the  exercise  of  any 
National  right  of  eminent  domain  or  jurisdiction  with  which  the 
United  States  have  been  invested  by  the  Constitution.  (Ib.) 

Power  of  the  Federal  Government. — In  the  new  Territories,  where 
the  government  of  the  United  States  exercises  sovereign  authority, 
it  possesses  as  incident  thereto,  the  right  of  eminent  domain,  which 
it  may  exercise  directly  or  through  the  territorial  government;  but 
this  right  passes  from  the  nation  to  the  newly  formed  State  whenever 
the  latter  is  admitted  into  the  Union.  So  far,  however,  as  the  gen- 
eral government  may  deem  it  important  to  appropriate  lands  or  other 
property  for  its  own  purposes,  and  to  enable  it  to  perform  its  func- 
tions— as  must  sometimes  be  necessary  in  the  case  of  forts,  light- 
houses, military  posts  or  roads,  and  other  conveniences  and  necessities 
of  government — the  general  government  may  still  exercise  the  author- 
ity, as  well  within  the  States  as  within  the  territory,  under  its  exclu- 
sive jurisdiction,  and  its  right  to  do  so  may  be  supported  by  the  same 
reasons  which  support  the  right  in  any  case ;  that  is  to  say,  the  abso- 
lute necessity  that  the  means  in  the  government  for  performing  its 

491 


492  UNITED    STATES    MILITARY   RESERVATIONS,  ETC. 

functions  and  perpetuating  its  existence  should  not  be  liable  to  be 
controlled  or  defeated  by  the  want  of  consent  of  private  parties,  or 
of  any  other  authority.  (Cooley  on  Constitutional  Limitations,  645.) 

Property  already  devoted  to  public  use  in  a  local  community  (not  a 
State}  may  be  taken. — The  power  of  appropriating  private  property 
*to  public  purposes  is  an  incident  of  sovereignty.  And  it  may  be, 
that  by  the  exercise  of  this  power,  under  extraordinary  emergencies, 
property  which  had  been  dedicated  to  public  use,  but  the  enjoyment 
of  which  was  principally  limited  to  a  local  community  (not  a  State), 
might  be  taken  for  higher  and  national  purposes,  and  disposed  of  on 
the  same  principles  which  subject  private  property  to  be  taken.  In 
a  government  of  limited  and  specified  powers,  like  ours,  such  a  power 
can  be  exercised  only  in  the  mode  provided  by  law.  (New  Orleans  v. 
The  United  States,  10  Peters,  p.  723.) 

State  jurisdiction. — It  is  in  the  power  of  either  of  the  States  to  take 
land  of  its  citizens  for  public  use  by  special  act  and  without  interven- 
tion of  jury,  but  on  payment  of  reasonable  indemnity  ascertained  by 
commissioners.  A  public  use  of  the  United  States  is  a  public  use  of 
each  of  the  States  of  the  Union.  Consent  of  a  State  to  the  purchase 
of  land  within  it  conveys,  in  general,  jurisdiction  to  the  United 
States;  but  not  when  all  jurisdiction  is  expressly  reserved  by  the 
State.  (Vol.  8,  p.  30,  Opinions  Attorneys-General.  Seabrook's 
Island  Case.  See  Trombley  v.  Homphrey,  23  Mich.,  471,  and  au- 
thorities cited  per  contra  as  to  propostion  first  above  stated.) 

How  far  right  may  be  exercised  ~by  the  United  States. — The  right 
of  eminent  domain  exists  in  the  government  of  the  United  States, 
and  may  be  exercised  by  it  within  the  States,  so  far  as  is  necessary  to 
the  enjoyment  of  the  powers  conferred  upon  it  by  the  Constitution. 
(Kohl  et  al.  v.  The  United  States,  91  U.  S.,  367.) 

For  what  purposes  private  property  taken — Right  in  United  States 
can  not  be  enlarged  or  diminished  by  State — When  consent  of  State 
needed. — It  is  a  right  belonging  to  a  sovereignty  to  take  private  prop- 
erty for  its  own  uses,  and  not  for  those  of  another.  Beyond  that 
there  exists  no  necessity,  which  alone  is  the  foundation  of  the  right. 
If  the  United  States  have  the  power,  it  must  be  complete  in  itself. 
It  can  neither  be  enlarged  nor  diminished  by  a  State.  Nor  can  any 
State  prescribe  the  manner  in  which  it  must  be  exercised.  The  con- 
sent of  a  State  can  never  be  a  condition  precedent  to  its  enjoyment. 
Such  consent  is  needed  only,  if  at  all,  for  the  transfer  of  jurisdiction 
and  of  the  right  of  exclusive  legislation  after  the  land  shall  have 
been  acquired.  (Ib.) 

An  exposition  of  the  right  of. — The  powers  vested  by  the  Constitu- 
tion in  the  general  government  demand  for  their  exercise  the  acquisi- 
tion of  land  in  all  the  States.  They  are  needed  for  forts,  armories, 
and  arsenals,  for  navy-yards  and  light-houses,  for  custom-houses, 
post-offices,  and  court-houses,  and  for  other  public  uses.  If  the  right 
to  acquire  property  for  such  uses  may  be  made  a  barren  right  by  the 
unwillingness  of  property  holders  to  sell,  or  by  the  action  of  a  State 
prohibiting  a  sale  to  the  Federal  Government,  the  constitutional 
grants  of  power  may  be  rendered  nugatory,  and  the  government  is 
dependent  for  its  practical  existence  upon  the  will  of  the  State,  or 
even  upon  that  of  a  private  citizen.  This  can  not  be.  No  one  doubts 
the  existence  in  the  State  governments  of  the  right  of  eminent 
domain — a  right  distinct  from  and  paramount  to  the  right  of  ultimate 


APPENDIX.  493 

ownership.  It  grows  out  of  the  necessity  of  their  being,  not  out  of 
the  tenure  by  which  lands  are  held.  It  may  be  exercised,  though  the 
lands  are  not  held  by  grant  from  the  government,  either  mediately 
or  immediately,  and  independent  of  the  consideration  whether  they 
would  escheat  to  the  government  in  case  of  a  failure  of  heirs.  The 
right  is  the  offspring  of  political  necessity ;  and  it  is  inseparable  from 
its  sovereignty,  unless  denied  to  it  by  its  fundamental  laws.  (Ibid.) 

Of  State  confined  to  State  purposes. — This  State  has  no  authority, 
by  virtue  of  its  eminent  domain,  to  condemn  private  lands  within  its 
boundaries  for  the  purpose  of  turning  the  same  over  to  the  United 
States  for  the  erection  and  maintenance  of  light-houses  thereon.  Act 
No.  119  of  1867  (Session  Laws  1867,  p.  158),  which  undertakes  to 
authorize  the  governor  to  do  this  is  unconstitutional,  for  the  reason 
that  its  enactments  are  not  within  the  sphere  of  State  powers,  and  if 
put  in  force  would  constitute  an  appropriation  of  the  property  of 
individuals  without  due  process  of  law.  (Trombley  v.  Humphrey, 
23  Mich.,  471.) 

Defined — Necessity  justifies  its  exercise. — The  eminent  domain  is 
the  rightful  authority  which  exists  in  every  sovereignty  to  control 
and  regulate  those  rights  of  a  public  nature  which  pertain  to  its  citi- 
zens in  common,  and  to  appropriate  and  control  individual  property 
for  the  public  benefit,  as  the  public  safety,  necessity,  convenience  and 
welfare  may  demand.  It  has  its  foundation  in  the  imperative  law  of 
necessity  which  alone  justifies  and  limits  its  exercise.  (Ibid.) 

Right  of,  in  the  United.  States. — The  United  States  in  the  exercise 
of  its  sovereignty,  and  as  a  part  of  its  provision  for  the  regulation, 
control  and  protection  of  commerce,  may  erect  light-houses  and  in  the 
exercise  of  its  eminent  domain,  by  observing  the  constitutional  re- 
quirements of  making  due  compensation  therefor,  seize  and  condemn 
the  property  of  individuals  for  that  purpose.  (Ibid.) 

Exercise  of  this  right  for  national  purposes  not  contemplated  in 
creation  of  $tate  governments. — The  right  of  eminent  domain  in  any 
sovereignty  exists  only  for  its  own  purposes ;  and  to  furnish  machin- 
ery to  the  general  government  for  it  to  appropriate  lands  fpr  national 
objects  is  not  among  the  ends  contemplated  in  the  creation  of  the 
State  government.  (Ibid.) 

Consent  of  State  not  a  condition  precedent. — The  consent  of  a  State 
is  not  a  condition  precedent  to  the  taking  of  lands  by  the  general  gov- 
ernment. Its  consent  is  required  only  for  the  purpose  of  a  transfer 
of  jurisdiction.  (Ibid.  See,  also,  Darlington  v.  United  States,  82 
Penn.  St.  Hep.,  382;  and  Kohl  v.  United  States,  91  U.  S.,  367.) 

Private  property  can  only  be  taken  for  public  use,  and  whether  or 
not  a  use  is  public  is  a  question  for  the  court.  (Ibid.  See,  also,  mat- 
ter of  Deansville  Cemetery  Association,  66  New  York,  569 ;  and  mat- 
ter of  New  York  Central  and  Hudson  River  Railroad  Company,  77 
New  York,  248.) 

Constitutional  law — Grants  ~by  State  to  the  United  States. — A  State 
legislature  may  delegate  the  right  of  eminent  domain  to  an  agent  of 
the  United  States  for  the  purpose  of  obtaining  land  in  such  State  as  a 
site  for  a  post-office.  (Burt,  Petitioner,  v.  The  Merchants'  Insurance 
Company,  106  Mass.  Rep.,  356.) 

NOTE. — The  above  case  shows  the  power  to  be  delegated  to  an  agent  of  the 
United  States  and  is  not  an  exercise  of  power  of  eminent  domain  by  the  State 
for  the  purpose  of  turning  the  property  over  to  the  United  States,  or,  as  stated 


494  UNITED    STATES    MILITARY    RESERVATIONS;  ETC. 

therein :  "  By  an  act  of  the  legislature  of  Massachusetts  an  agent  of  the  United 
States  was  authorized  to  purchase  land  in  the  State  for  the  site  of  a  Post-Office. 
The  act  provided  that  when  the  agent  and  the  owners  of  the  land  could  not 
agree  upon  the  price  there  should  be  an  appraisement  made  by  a  jury.  Held, 
that  in  order  to  obtain  the  land  and  the  appraisement,  it  was  not  necessary  that 
the  owner  should  first  consent  to  a  sale." 

A  State  can  not  exercise  it  in  behalf  of  the  United  States. — The 
United  States  may  exercise  the  right  of  eminent  domain  within  a 
State;  but  a  State  can  not  exercise  it  in  behalf  of  the  United  States. 
The  State  may  take  the  property  of  a  citizen  for  public  uses  by  virtue 
of  its  right  of  eminent  domain,  but  it  can  not  take  it  for  the  benefit  of 
another  sovereignty,  for  the  use  of  the  citizens  of  the  latter,  nor  can  it 
delegate  its  right  of  eminent  domain  to  another  sovereignty  for  such 
purposes.  (Darlington  v.  The  United  States,  82  Penn.  St.  Rep..  382, 
criticises  Gilmer  v.  Lime  Point,  18  Cal.,  p.  229,  and  Burt.  Petitioner, 
v.  The  Merchants'  Ins.  Co.;  100  Mass.,  356,  and  declares  the  law  to  be 
well  stated  in  Trombley  v.  Humphrey,  23  Mich.,  471 ;  also  in  Kohl  v. 
The  United  States,  91  U.  S.,  367.) 

The  United  States^  may  exercise  right  in  State  court  under  a  State 
law. — The  State  legislature  may  authorize  proceedings  in  the  State 
Courts  on  behalf  of  the  Federal  Government  to  acquire  title  to  lands 
for  a  public  use.  the  benefit  of  which  is  shared  by  the  citizens  of  the 
State;  and  while  the  Federal  Government  may,  as  an  independent 
sovereignty,  condemn  lands  within  a  State  for  its  use,  by  proceedings 
in  its  own  courts,  it  may,  as  a  petitioner  in  a  State  court,  accomplish 
the  same  end  through  proceedings  under  a  State  law. 

(In  the  matter  of  the  Petition  of  the  United  States  for  the  appoint- 
ment of  Commissioners,  etc.,  96  N.  Y..  227.) 

The  supremacy  of  the  Government  of  the  United  States. — The 
United  States  is  a  government  with  authority  extending  over  the 
whole  territory  of  the  Union,  acting  upon  the  States  and  the  people 
of  the  States.  While  it  is  limited  in  the  number  of  its  powers,  so 
far  as  its  sovereignty  extends  it  is  supreme.  No  State  government 
can  exclude  it  from  the  exercise  of  any  authority  conferred  upon 
it  by  the  Constitution,  obstruct  its  authorized  officers  against  its  will. 
or  withhold  from  it,  for  a  moment,  the  cognizance  of  any  subject 
which  that  instrument  has  committed  to  it.  (Tennessee  v.  Davis, 
100  U.  S.,  263.) 

The  power  an  incident  of^  sovereignty. — The  power  to  take  private 
property  for  public  uses,  in  the  exercise  of  the  right  of  eminent 
domain,  is  an  incident  of  sovereignty,  belonging  to  every  independent 
government,  and  requiring  no  constitutional  recognition  and  it  exists 
in  the  Government  of  the  United  States.  (United  States  v.  Jones, 
Administrator  et  al.,  109  U.  S.,  513.) 

Compensation  a  constitutional  limitation — How  fixed  and  deter- 
mined.— The  liability  to  make  compensation  for  private  property 
taken  for  public  uses  is  a  constitutional  limitation  of  the  right  of 
eminent  domain.  As  this  limitation  forms  no  part  of  the  power  to 
take  private  property  for  public  uses,  the  government  of  the  United 
States  may  delegate  to  a  tribunal,  created  under  the  laws  of  a  State, 
the  power  to  fix  and^determine  the  amount  of  compensation  to  be  paid 
by  the  United  States  for  private  property  taken  by  them  in  the  exer- 
cise of  their  right  of  eminent  domain ;  or,  it  may,  if  it  pleases,  create 
a  special  tribunal  for  that  purpose.  (Ibid.) 


APPENDIX.  495 

Right  of  United  States  to  make  title  ~by  expropriation. — The 
United  States  may  lawfully  make  title  to  land  in  one  of  the  States 
by  expropriation  as  of  the  eminent  domain  of  such  State,  and  with 
assent  thereof.  (Vol.  7,  p.  114,  Opins.  Attys.  Genl.,  Washington 
Aqueduct  Case.) 

Private  property  can  be  taken  for  public  use  only  where  provision 
for  compensation  therefor  is  made  by  law. — The  Constitution  de- 
clares that  private  property  shall  not  be  taken  "  for  public  use  with- 
out just  compensation."  It  does  not  provide  or  require  that  com- 
pensation shall  actually  be  paid  in  advance  of  occupancy  of  land  to 
be  taken.  But  the  owner  is  entitled  to  reasonable,  certain,  and  ade- 
quate provision  for  obtaining  compensation  before  his  occupancy  is 
disturbed.  When  there  is  no  provision  for  compensation,  private 
property  should  not  be  taken  against  the  consent  of  the  owner  for 
public  use.  (Cherokee  Nation  v.  Kansas  Kailway  Company,  135 
U.  S.,  641,  661;  Dig.  Opin.  J.  A.  G.,  1912,  p.  913-a.) 

When  private  property  taken  for  public  use,  just  compensation 
must  be  made  to  owner. — When  property  to  which  the  United  States 
assert  no  title,  is  taken  by  their  officers  or  agents,  pursuant  to  an 
act  of  Congress,  as  private  property,  for  the  public  use,  the  govern- 
ment is  under  ail  implied  obligation  to  make  just  compensation  to  the 
owner.  (The  United  States  v.  Great  Falls  Manufacturing  Com- 
pany, 112  U.  S.,  645.) 

Claim  of  owner  for  just  compensation  arises  out  of  implied  con- 
tract.— Such  an  implication  being  consistent  with  the  constitutional 
duty  of  the  government,  as  well  as  with  common  justice,  the  owner's 
claim  for  compensation  is  one  arising  out  of  implied  contract,  within 
the  meaning  of  the  Statute  defining  the  jurisdiction  of  the  Court  of 
Claims,  although  there  may  have  been  no  formal  proceedings  for  the 
condemnation  of  the  property  to  public  use.  (Ibid.) 

The  owner  may  elect  to  treat  the  taking  of  his  property  as  an  exer- 
cise of  the  right  and  demand  compensation. — The  owner  may  waive 
any  objection  he  might  be  entitled  to  make,  based  upon  the  want  of 
formal  proceedings,  and  electing  to  regard  the  action  of  the  govern- 
ment as  a  taking  under  its  sovereign  right  of  eminent  domain,  may 
demand  just  compensation  for  the  property.  (Ibid.) 

Legislative  and  judicial  domain  distinguished. — Of  the  necessity 
or  expediency  of  exercising  the  right  of  eminent  domain  in  the  appro- 
priation of  private  property  to  public  uses,  the  opinion  of  the  legisla- 
ture or  of  the  corporate  body  or  tribunal  upon  which  it  has  con- 
ferred the  power  to  determine  the  question,  is  conclusive  upon  the 
courts,  since  such  a  question  is  essentially  political  in  its  nature,  and 
not  judicial.  But  the  question  whether  the  specified  use  is  a  public 
use  or  purpose,  or  such  use  or  piirpose  as  will  justify  or  sustain  the 
compulsory  taking  of  private  property,  is,  perhaps,  ultimately  a 
judicial  one,  and,  if  so,  the  courts  can  not  be  absolutely  concluded  by 
the  action  or  opinion  of  the  legislative  department.  But  if  the  legis- 
lature has  declared  the  use  or  purpose  to  be  a  public  one,  its  judgment 
will  be  respected  by  the  courts,  unless  the  use  be  palpably  private,  or 
the  necessity  for  the  taking  plainly  without  reasonable  foundation. 
But  if  the  use  be  public,  or  if  it  be  so  doubtful  that  the  courts  can  not 
pronounce  it  not  to  be  such  as  to  justify  the  compulsory  taking  of 
private  property,  the  decision  of  the  legislature,  embodied  in  the 

12925°— 16 32 


496  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

enactment  giving  the  power,  that  a  necessity  exists  to  take  the  prop- 
erty, is  final  and  conclusive.  (Dillon's  Municipal  Corporations,  4th 
Ed.,  Vol.  2,  Sec.  600.) 

National  Park,  Gettysburg  Battlefield. — An  appropriation  by  Con- 
gress for  continuing  the  work  of  surveying,  locating,  and  preserving 
the  lines  of  battle  at  Gettysburg,  Pa.,  and  for  purchasing,  opening, 
constructing  and  improving  avenues  along  the  portions  occupied  by 
the  various  commands  of  the  armies  of  the  Potomac  and  Northern 
Virginia  on  the  field,  and  for  fencing  the  same ;  and  for  the  purchase, 
at  private  sale  or  by  condemnation,  of  such  parcels  of  land  as  the 
Secretary  of  War  may  deem  necessary  for  the  sites  of  tablets,  and  for 
the  construction  of  the  said  avenues;  for  determining  the  leading 
tactical  positions  and  properly  marking  the  same  with  tablets  of  bat- 
teries, regiments,  brigades,  divisions,  corps,  and  other  organizations, 
with  reference  to  the  study  and  correct  understanding  of  the  battle, 
each  tablet  bearing  a  brief  historical  legend,  compiled  without  praise 
and  without  censure,  is  an  appropriation  for  a  public  use,  for  which 
the  United  States  may.  in  the  exercise  of  its  right  of  eminent  domain, 
condemn  and  take  the  necessary  lands  of  individuals  and  corpora- 
tions, situated  within  that  State,  including  lands  occupied  by  a  rail- 
road company.  (United  States  v.  Gettysburg  Electric  Railway 
Company,  160  TJ.  S.,  668.) 

An  implied  power,  necessary  for  the  purpose  of  carrying  powers 
expressly  given  into  effect. — Congress  has  power  to  declare  war  and 
to  create  and  equip  armies  and  navies.  It  has  the  great  power  of 
taxation  to  be  exercised  for  the  common  defense  and  general  welfare. 
Having  such  powers,  it  has  such  other  and  implied  ones  as  are  neces- 
sary and  appropriate  for  the  purpose  of  carrying  the  powers  ex- 
pressly given  into  effect.  Any  act  of  Congress  which  plainly  and 
directly  tends  to  enhance  the  respect  and  love  of  the  citizen  for  the 
institutions  of  his  country  and  to  quicken  and  strengthen  his  motives 
to  defend  them,  and  which  is  germane  to  and  intimately  connected 
with  and  appropriate  to  the  exercise  of  some  one  or  all  of  the  powers 
granted  by  Congress  must  be  valid.  This  proposed  use  (National 
Park,  Gettysburg  Battlefield)  comes  within  such  description.  The 
provision  comes  within  the  rule  laid  down  by  Chief  Justice  Marshall 
in  McCulloch  v.  Maryland  (4  Wheat.,  316,  421),  in  these  words: 
"  Let  the  end  be  legitimate,  let  it  be  within  the  scope  of  the  Constitu- 
tion, and  all  means  which  are  appropriate,  which  are  plainly  adapted 
to  that  end,  which  are  not  prohibited,  but  consist  with  the  'letter  and 
spirit  of  the  Constitution,  are  constitutional." 

Limited  appropriation  does  not  render  invalid  the  law  provided 
for  taking  land,  quantity  necessary  a  legislative  question. — The  mere 
fact  that  Congress  limits  the  amount  to  be  appropriated  for  such 
purpose  (National  Park),  does  not  render  invalid  the  law  providing 
for  the  taking  of  the  land.  The  quantity  of  land  which  should  be 
taken  for  such  a  purpose  is  a  legislative,  and  not  a  judicial  question. 
(160  U.  S.,p.  669.) 

Acquisition  of  land  for  national  cemeteries. — To  authorize  the 
acquisition  by  the  exercise  of  the  right  of  eminent  domain,  of  private 
land  for  a  national  cemetery  under  Sections  4870,  4871,  Revised  Stat- 
utes, there  must  be  (1)  an  existing  appropriation,  (in  conformity 
with  the  rule  of  Sec.  3736,  Rev.  Stats.)  authorizing  the  acquisition, 


APPENDIX.  497 

and  (2)  the  private  owner  must  be  unwilling  to  give  title,  or  the  Sec- 
retary of  War  be  unable  to  agree  with  him  as  to  price.  (Dig.  Opin. 
J.  A.  G.,  p.  928,  a  (1). 

Appraisement  of  land  for  national  cemetery,  when  conclusive  upon 
Secretary  of  War. — The  appraisement  of  land  for  a  national  ceme- 
terey,  as' duly  made  by  a  United  States  Court  under  Sections  4871  and 
4872,  Revised  Statutes,  is  conclusive  upon  the  Secretary  of  War,  who 
must  thereupon  pay  the  appraised  value  as  indicated  in  the  latter 
section.  If  indeed  there  has  been  fraud  in  the  valuation  by  which 
the  court  has  been  deceived  in  its  decree,  or  its  original  appraisement 
is  deemed  excessive,  it  may  properly  be  moved  for  a  new  appraise- 
ment on  the  part  of  the  United  States.  (Ibid.,  p.  928,  a  (2) ,  citing  14 
Opins.  Atty.  Gen.,  27.) 

Express  legislation  of  Congress  necessary  to  the  exercise  of  the 
right. — Authority  to  acquire  land  in  a  State,  by  the  exercise  of  the 
right  of  eminent  domain,  whether  by  proceedings  for  condemnation 
in  the  United  States  Circuit  Court  or  in  the  courts  of  the  State,  can 
be  vested  in  an  executive  official  of  the  United  States,  only  by  express 
legislation  of  Congress.  (Ibid.,  p.  912,  4.) 

No  general  act  of  Congress  making  State  courts  an  agency  for  con- 
demning lands. — Held,  that  there  was  no  general  act  of  Congress 
making  State  courts  an  agency  of  the  United  States  for  the  purpose 
of  condemning  lands,  and  that  proceedings  for  this  purpose  should 
be  had  in  a  United  States  Court  under  an  Act  of  Congress,  or  in  a 
State  court  when  such  court  has  been  by  such  Act  made  an  agency 
for  the  purpose.  (Ibid.,  p.  913,  4b.) 

The  United  States  may  acquire  title  ~by  judicial  proceedings. — It  is 
now  well  settled  that  whenever,  in  the  execution  of  the  powers 
granted  to  the  United  States  by  the  Constitution,  lands  in  any  State 
are  needed  by  the  United  States,  for  a  fort,  magazine,  dockyard, 
light-house,  custom-house,  post-office,  or  any  other  public  purpose, 
and  can  not  be  acquired  by  agreement  with  the  owners,  the  Congress 
of  the  United  States,  exercising  the  right  of  eminent  domain,  and 
making  just  compensation  to  the  owners,  may  authorize  such  lands  to 
be  taken,  either  by  proceedings  in  the  courts  of  the  State  with  its  con- 
sent, or  by  proceedings  in  the  courts  of  the  United  States,  with  or 
without  any  consent  or  concurrent  act  of  the  State,  as  Congress  may 
direct  or  permit.  (Chappell  v.  United  States,  160  U.  S.,  499.  509, 
and  510;  citing  Harris  v.  Elliott,  10  Pet.,  25;  Kohl  v.  United  States. 
91  U.  S.,  367;  United  States  v.  Jones,  109  U.  S.,  513;  Fort  Leaven- 
worth  Railroad  v.  Lowe,  114  U.  S.,  525,  531,  532;  Cherokee  Nation  v. 
Kansas  Railway,  135  U.  S..  641,  656;  Monongahela  Navigation  Co.  v. 
United  States/ 148  U.  S.,  312;  Luxton  v.  North  River  Bridge  Co., 
147  U.  S.,  337,  and  153  U.  S.,  525 ;  Burt  v.  Merchants'  Insurance  Co., 
106  Mass.,  356;  United  States,  Petitioners,  96  N.  Y.,  227.) 

JURISDICTION. 

Jurisdiction. — The  Congress  shall  have  power  *  *  "To  ex- 
ercise exclusive  legislation  in  all  cases  whatsoever,  over  such  District 
(not  exceeding  ten  miles  square)  as  may,  by  cession  of  particular 
States,  and  the  acceptance  of  Congress,  become  the  seat  of  the  Gov- 
ernment of  the  United  States,  and  to  exercise  like  authority  over  all 
places  purchased  by  the  consent  of  the  legislature  of  the  State  in 


498  UNITED    STATES    MILITARY   RESERVATIONS,  ETC. 

which  the  same  shall  be,  for  the  erection  of  Forts,  Magazines,  Arse- 
nals, dock-yards  and  other  needful  buildings."  (Clause  17,  Sec.  8, 
of  Art.  1  of  Const.  U.  S.) 

Same. — The  exclusive  jurisdiction  in  the  District  of  Columbia  and 
in  forts,  arsenals,  etc.,  is  distinct  from  the  concurrent  jurisdiction  of 
the  national  government  with  that  of  the  State  which  it  has  in  the 
exercise  of  its  powers  of  sovereignty  in  every  part  of  the  United 
States.  (Ex  parte  Siebold,  100  U.  S.',  371.) 

Same. — "  Exclusive  legislation  "  signifies  exclusive  jurisdiction,  and 
this  follows  even  though  the  legislation  of  the  United  States  in  its 
act  assenting  to  the  purchase  has  not  expressly  ceded  such  jurisdic- 
tion. It  vests  in  the  United  States  by  virtue  of  the  Constitution. 
(Sergeant's  Constitutional  Law,  350,  cited  in  Vol.  6,  p.  577,  Atty. 
Gen.  Opin.) 

President  to  procure  cession  of  jurisdiction,  etc. — The  President  of 
the  United  States  is  authorized  to  procure  the  assent  of  the  legisla- 
ture of  any  State,  within  which  any  purchase  of  land  has  been  made 
for  the  erection  of  forts,  magazines,  arsenals,  dock-yards  and  other 
needful  buildings  without  such  consent  having  been  obtained.  (Sec. 
1838,  U.  S.  Rev.  Stats.) 

Where  United  States  can  exercise  a  general  jurisdiction. — Special 
provision  is  made  in  the  constitution  for  the  cession  of  jurisdiction 
from  the  States  over  places  where  the  federal  government  shall  estab- 
lish forts,  or  other  military  works.  And  it  is  only  in  these  places,  or 
in  the  territories  of  the  United  States,  where  it  can  exercise  a  general 
jurisdiction.  (New  Orleans  v.  The  United  States,  10  Peters,  p.  737.) 

State  can  not,  by  use  of  power  to  tax,  or  police  power,  interfere 
with  power  conferred  upon  Congress  by  the  Constitution. — Neither 
the  unlimited  powers  of  a  State  to  tax,  nor  any  of  its  large  police 
powers,  can  be  exercised  to  such  an  extent  as  to  work  a  practical  as- 
sumption of  the  powers  properly  conferred  upon  Congress  by  the 
Constitution.  (Railroad  Company  v.  Husen,  95  U.  S.,  465.) 

Cession  permitted  by  the  Constitution  of  the  United  States. — The 
Constitution  permits  a  State  to  cede  to  the  United  States  jurisdiction 
over  a  portion  of  its  territory.  (Benson  v.  The  United  States,  146 
U.  S.,  325.) 

When  conferred^  ~by  the  Constitution. — When  the  United  States 
acquire  lands  within  the  limits  of  a  State  by  purchase,  with  the  con- 
sent of  the  Legislature  of  the  State,  for  the  erection  of  forts,  maga- 
zines, arsenals,  dock-yards,  and  other  needful  buildings,  the  Consti- 
tution confers  upon  them  exclusive  jurisdiction  of  the  tract  so  ac- 
quired. (Fort  Leavenworth  R.  R.  Co.  v.  Lowe,  114  U.  S.,  525.) 

Jurisdiction  over  cemeteries. — From  the  time  any  State  legislature 
shall  have  given,  or  shall  hereafter  give,  the  consent  of  such  State  to 
the  purchase  by  the  United  States  of  any  national  cemetery,  the  juris- 
diction and  power  of  legislation  of  the  United  States  over  such  ceme- 
tery shall  in  all  courts  and  places  be  held  to  be  the  same  as  is  granted 
by  "Section  eight,  Article  one,  of  the  Constitution  of  the  United 
States ;  and  all  provisions  relating  to  national  cemeteries  shall  be  ap- 
plicable to  the  same.  (Sec.  4882,  U.  S.  Rev.  Stats.) 

Act  of  Congress  poioerless  to  confer — Cession  must  be  by  State 
legislature. — Held,  that,  notwithstanding  the  provision  in  Section 
4872,  Revised  Statutes,  that  the  jurisdiction  of  the  United  States 
over  land  taken  for  a  national  cemetery,  by  the  right  of  eminent 


APPENDIX.  499 

domain,  "shall  be  exclusive,"  such  a  jurisdiction,  where  the  land  is 
within  a  State,  can  not  legally  be  vested  in  the  United  States,  except 
by  the  cession  of  the  State  legislature.  In  the  absence  of  such  ces- 
sion on  the  part  of  the  State  sovereignty,  an  Act  of  Congress  must 
be  powerless  to  confer  such  an  authority.  (Dig.  Opin.  J.  A.  G., 
1912,  p.  933  A.  See  13  Opins.  Attys.  Genl.,  131.) 
^  National  cemeteries. — The  United  States  have  over  lands  within  a 
State  held  for  national  cemeteries  or  other  public  purposes,  which 
were  acquired  by  the  former  without  the  consent  of  the  State,  or  over 
which  the  latter  has  not  ceded  its  jurisdiction,  only  such  jurisdiction 
as  they  have  over  other  parts  of  the  State  wherein  they  possess  no 
property  interests. 

The  mere  ownership  of  the  land  does  not  put  the  United  States  in 
a  different  position,  as  regards  the  matter  of  jurisdiction  over  it.  than 
they  occupied  previous  to  its  acquisition;  nor  is  the  situation  of  the 
State,  with  reference  to  the  same  matter,  in  any  degree  altered 
thereby.  Strictly  speaking,  therefore,  where  the  United  States  own 
land  situated  within  the  limits  of  a  State,  but  over  which  they  have 
not  acquired  jurisdiction  from  the  State,  they  can  not  be  said  to  have 
any  local  jurisdiction  over  such  land.  (Vol.  14,  p.  557,  Opins.  Attys. 
Genl.) 

Cession  of  Federal  jurisdiction  by  States. — In  construing  the  joint 
resolution  of  Congress  passed  September  11,  1841  (5  Stat.,  408),  it  is 
said :  Thus  it  appears  that  Congress  understood  "  consent  to  the  pur- 
chase "  and  "  cession  of  jurisdiction  "  as  concurrent,  if  not  identical, 
facts;  and  rightfully;  for  the  language  of  the  Constitution  is  that 
Congress  shall  have  power  uto  exercise  exclusive  legislation  in  all 
cases  whatsoever,  over  such  district,  not  exceeding  10  miles  square,  as 
may,  by  cession  of  particular  States,  and  the  acceptance  of  Congress, 
become  the  seat  of  the  government  of  the  United  States,  and  to  exer- 
cise like  authority  over  all  places  purchased  by  the  consent  of  the  leg- 
islature of  the  State  in  which  the  same  shall  be,  for  the  erection  of 
forts,  magazines,  arsenals,  dock-yards,  and  other  needful  public 
buildings."  It  is  therefore  thoroughly  settled  by  numerous  adjudica- 
tions that  all  such  Federal  jurisdiction,  as  the  Constitution  contem- 
plates, is  acquired  by  the  United  States,  in  the  mere  consent  of  the 
State  to  the  purchase;  and  that  upon  such  consent,  the  jurisdiction  of 
the  State  ceases,  and  that  of  Congress  comes  in  by  virtue  of  the  Con- 
stitution. Phrases  in  legislative  acts  of  the  State  retaining  concur- 
rent jurisdiction  for  certain  Durposes  do  not  impair  but  confer  on  the 
United  States  the  whole  jurisdiction  of  the  Constitution,  that  is, 
rights  of  Federal  legislation  coextensive  with  the  subject  matter. 
(Vol.  7,  p.  628,  Opins.  Attys.  Genl.) 

Cession  of  jurisdiction  in  Florida. — The  general  act  of  the  Florida 
Legislature,  passed  June  6,  1855,  is  a  sufficient  cession  of  jurisdiction 
over  land  purchased  in  that  State  by  the  Federal  Government  for 
public  works.  (Vol.  9,  p.  94,  Opins.  Attys.  Genl.) 

Plow  far  State  laws  in  force  at  Old  Point  Comfort. — The  general 
laws  of  Virginia,  other  than  criminal,  which  do  not  conflict  with  those 
of  the  United  States  relating  to  forts,  and  which  do  not  interfere 
with  the  military  control,  discipline  and  use  of  Fortress  Monroe,  as 
a  Military  Post,  are  in  full  force  at  Old  Point  Comiort.  (Crook, 
Horner  &  Co.  v.  Old  Point  Comfort  Hotel  Company,  54  Fed.  Kep., 
.004.) 


500  UNITED    STATES    MILITAKY   RESERVATIONS,  ETC. 

When  Clause  17,  Section  8,  Article  1,  Constitution  of  the  United 
States,  applies. — Clause  17,  Section  8,  Article  1,  Constitution  of  the 
United  States,  giving  the  United  States  exclusive  jurisdiction  over  all 
places  purchased  by  consent  of  the  legislature  of  the  State  in  which 
the  same  shall  be  for  the  erection  of  forts,  arsenals,  etc.,  applies  only 
to  lands  acquired  by  actual  purchase  accompanied  by  a  cession  of 
jurisdiction  by  the  State;  and  where  land  is  acquired  directly  from 
the  State  as  owner  by  an  act  of  cession  (as  in  the  case  of  Fortress 
Monroe)  the  constitutional  provision  does  not  apply,  and  the  United 
States  holds  the  land  only  as  provided  in  the  act  of  cessipn.  (Ibid.) 

Conditional  cession  ("Point  Peter"  Case). — The  act  of  the  legisla- 
ture of  Georgia  approved  December  22,  1808,  grants  jurisdiction  to 
the  United  States  over  all  lands  then  acquired,  or  which  may  there- 
after be  acquired  by  them,  for  the  purpose  of  erecting  forts  or  forti- 
cations  in  that  State;  but  this  is  coupled  with  a  proviso  that  "the 
said  United  States  do  or  shall  cause  forts  or  fortifications  to  be 
erected  thereon."  The  proviso  may  be  construed  to  operate  as  a  con- 
dition precedent,  which  renders  it  at  least  doubtful  whether  the 
cession  of  jurisdiction  as  to  any  land  was  intended  to  take  effect  until 
the  erection  of  a  fort  or  fortification  thereon.  (Vol.  18,  p.  384,  Opins. 
Attys.  Genl.) 

Can  only  be  acquired  by  the  United  States  in  mode  prescribed  by 
the  Constitution. — The  right  of  exclusive  legislation  within  the  ter- 
ritorial limits  of  any  state,  can  be  acquired  by  the  United  States  only 
in  the  mode  pointed  out  in  the  constitution,  by  purchase,  by  consent 
of  the  legislature  of  the  state  in  which  the  same  shall  be,  for  the  erec- 
tion of  forts,  magazines,  arsenals,  dock-yards,  and  other  needful 
buildings.  The  essence  of  that  provision  is,  that  the  state  shall  freely 
cede  the  particular  place  to  the  United  States  for  one  of  the  specific 
and  enumerated  objects.  (The  People  against  Godfrey,  17  Johnson's 
Rep.,  225,  232.) 

Fort  Niagara  Case  (no  cession). — The  land  on  which  Fort  Niagara 
is  erected,  never  having  been  actually  ceded  by  this  State  to  the 
United  States,  it  still  belongs  to  the  State;  and  its  courts  have  juris- 
diction of  all  crimes  or  offenses  against  the  laws  of  the  State,  com- 
mitted within  that  fort,  or  its  precincts;  though  it  has  been  garri- 
soned by  the  troops  of  the  United  States,  and  held  by  them  since  its 
surrender  by  Great  Britain,  pursuant  to  the  treaties  of  1783,  and 
1794 ;  for  the  United  States  acquired  no  territory  within  this  State  by 
virtue  of  those  treaties.  (Ibid.) 

NOTE. — The  foregoing  decision  was  rendered  in  October,  1819.  Since  then  the 
State  legislature,  by  an  act  passed  April  21,  1840,  authorized  the  conveyance 
of  title  and  cession  of  jurisdiction,  and  in  accordance  with  said  act  the  gov- 
ernor executed  a  conveyance  dated  July  8,  1841.  (See  Fort  Niagara.) 

Rented  lands  for  camp  not  within  the  terms  of  the  Constitution. — 
Lands  rented  to  the  United  States  to  be  used  temporarily  as  a  camp, 
is  not  a  place,  within  the  terms  of  the  Constitution  of  the  United 
States,  over  which  the  United  States  have  " sole  and  exclusive"  juris- 
diction. (United  States  v.  Tierney,  1  Bond,  571,  Circuit  Court 
Southern  District  of  Ohio.) 

Legislative  consent  to  the  purchase  by  the  United  States  establishes 
the  jurisdiction  (Fort  Trumbull,  Conn.,  case}. — It  is  not  questioned 
that  the  land  is  owned  by  the  United  States,  or  that  the  purchase  was 
with  the  consent  of  the  legislature  of  the  State.  There  is  wanting 


APPENDIX.  501 

a  formal  deed  of  cession  which  the  legislature  intended  should  be 
executed  on  the  part  of  the  State.  Such  a  formality  is  not  necessary 
to  give  jurisdiction.  The  purchase  by  the  United  States,  and  the 
consent  of  the  legislature  to  the  purchase,  gave  to  Congress  the 
exclusive  power  of  legislation  over  the  purchased  land.  (Const., 
U.  S.,  Art.  1,  Sec.  8.)  A  legislative  consent  to  the  purchase  could  be 
given  either  before  or  after  the  purchase,  and  such  consent,  whenever 
given,  together  with  the  fact  of  purchase,  establishes  the  jurisdiction 
of  the  United  States.  (Vol.  13,  p.  411,  Opins.  Attys.  Genl.,  citing  7 
ibid.,  628.) 

Of  State  over  navigable  waters  within  its  limits. — A  State  may 
exercise  jurisdiction  over  navigable  waters  within  its  limits  and 
subject  persons  and  property  thereon  to  the  civil  and  criminal  juris- 
diction of  its  courts,  in  the  absence  of  any  prohibition  in  the  National 
Constitution  or  laws.  (People  v.  Welch,  141  N.  Y.,  266.) 

Constitutional  law — Jurisdiction  of  State  courts — When  excluded 
by  the  action  of  Congress. — Whenever  it  is  within  the  power  of  Con- 
gress to  legislate,  it  is  competent  for  it  to  exclude  the  jurisdiction  of 
the  State  courts  in  respect  to  all  subjects  over  which  legislative  action 
is  authorized.  To  exclude  the  jurisdiction  of  State  Courts  over  mat- 
ters within  their  ordinary  jurisdiction,  the  intention  of  Congress  to 
exercise  this  power  should  be  distinctly  manifested,  and  the  legis- 
lation relied  upon  should  be  clear  and  unambiguous.  There  must  be 
express  words  of  exclusion  or  a  manifest  repugnancy  to  the  exercise 
of  State  authority  over  the  subject.  (Ibid.) 

Constitutional  conditions. — The  constitutional  conditions  are  two — 
purchase  by  the  United  States  and  consent  of  the  legislature  of  the 
State.  By  that  consent  the  State  voluntarily  and  knowingly  parts 
with  its  jurisdiction.  It  is  not  lost  on  the  mere  ownership  by  the 
United  States.  (Vol.  6,  p.  577,  Opins.  Attys.  Genl.,  citing  The  People 
v.  Godfrey,  17  Johnson's  Rep.  255,  and  Commonwealth  v.  Young, 
Bright's  Rep.,  302.) 

Object  and  legal  effect  of  Staters  reservation  to  serve  process. — It  is 
well  settled  that  the  sole  object  and  only  legal  effect  of  such  reserva- 
tions by  the  State  (such  as  retaining  concurrent  jurisdiction  for  serv- 
ice of  process,  etc.,  not  incompatible  with  the  grant)  is  to  prevent 
these  places  from  becoming  a  sanctuary  for  fugitives  from  justice  for 
acts  done  within  the  acknowledged  jurisdiction  of  the  State.  (Ibid.; 
citing  United  States  v.  Cornell,  2  Mason,  p.  60;  United  States  v. 
Davis,  5  Mason,  p.  356 ;  Commonwealth  v.  Clary,  8  Mass.,  p.  72,  and 
Mitchell  v.  Tibbetts,  17  Pickering,  p.  298.) 

Is  conferred  by  the  Constitution  upon  the  Federal  Government 
over  lands  within  a  State  acquired  by  purchase. — Exclusive  jurisdic- 
tion is  conferred  upon  the  Federal  Government  by  the  Constitution 
of  the  United  States  over  land  within  a  State  acquired  by  its  pur- 
chase with  the  consent  of  the  State's  legislature.  The  reservation 
by  the  State  that  civil  and  criminal  process  of  its  courts  may  be 
served  within  the  limits  so  acquired,  is  not  incompatible  with  the 
exclusive  jurisdiction  of  the  Federal  Government  but  is  made  to  pre- 
vent such  places  from  becoming  sanctuaries  for  debtors  and  crimi- 
nals. (Foley,  etc.,  v.  Shriver,  etc.,  81  Va.,  p.  568;  citing  the  fol- 
lowing: Fort  Leavenworth  Railroad  Company  v.  Lowe,  114  U.  S., 
525 ;  United  States  v.  Cornell,  2  Mason,  60 ;  Commonwealth  v.  Clary, 


502  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

8  Mass.,  72;  Mitchell  v.  Tibbetts,  17  Pickering,  298,  and  Sinks  v. 
Reese,  19  Ohio  State  Rep.,  306.) 

Same. — "  The  National  Home  for  Disabled  Volunteer  Soldiers," 
situated  within  the  limits  of  Elizabeth  City  County,  in  this  State 
(Virginia),  upon  land  purchased  by  the  United  States  with  the  con- 
sent of  the  State  legislature,  is  a  corporation  created  under  the  laws 
of  Congress,  and  is  under  the  exclusive  jurisdiction  of  the  Federal 
Government.  Its  officers  are  disbursing  officers  of  the  United  States, 
and  the  funds  in  their  hands  as  such,  can  not  be  attached  or  gar- 
nisheed  under  process  from  a  State  court.  (Ibid.) 

When  grant  of  power  to  Congress  excludes  right  of  /State. — Tho 
grant  of  power  to  Congress  excludes  the  right  of  the  State  over  the 
same  subject  only  where  the  grant  is  in  express  terms  an  exclusive 
authority  to  the  Union,  or  where  the  grant  to  Congress  is  coupled 
with  a  prohibition  to  the  States  to  exercise  the  same  power,  or  where 
the  grant  to  the  one  would  be  repugnant  to  the  exercise  of  a  similar 
authority  by  the  other.  (Weaver  v.  Fegely,  29  Pa.  State  Rep.,  27.) 

Mere  purchase  of  land  by  United  States  does  not  oust  jurisdic- 
tion of  State. — The  purchase  of  lands  by  the  United  States  for  pub- 
lic purposes,  within  the  territorial  limits  of  a  State,  does  not  of  itself 
oust  the  jurisdiction  or  sovereignty  of  such  State  over  such  lands  so 
purchased.  (United  States  v.  Cornell,  2  Mason,  60,  Circuit  Court, 
District  of  Rhode  Island,  November  Term,  1819.) 

Same. — Exclusive  jurisdiction  is  the  necessary  attendant  upon 
exclusive  legislation.  (Ibid.) 

Consent  of  State  to  purchase  of  lands  "by  the  United  States  carries 
with  it  exclusive  jurisdiction. — The  Constitution  of  the  United  States 
declares  that  Congress  shall  have  power  to  exercise  "  exclusive  legis- 
lation" in  all  "cases  whatsoever"  over  all  places  purchased  by  the 
consent  of  the  legislature  of  the  State  in  which  the  same  shall  be  for 
the  erection  of  forts,  magazines,  arsenals,  dockyards,  and  other  need- 
ful buildings.  When,  therefore,  a  purchase  of  land  for  any  of  these 
purposes  is  made  by  the  national  government,  and  the  State  legis- 
lature has  given  its  consent  to  the  purchase,  the  land  so  purchased  by 
the  very  terms  of  the  Constitution,  ipso  facto,  falls  within  the  exclu- 
sive legislation  of  Congress,  and  the  State  jurisdiction  is  completely 
ousted.  (Ibid.  Reaffirmed  June  Term,  1820.) 

Must  be  free  from  interference  of  State — Exemption  from  State 
control  essential  to  the  sovereign  authority  of  the  United  States. — 
When  the  United  States  acquire  lands  within  the  limits  of  a  State, 
with  the  consent  of  the  legislature  of  the  State,  for  the  erection  of 
forts,  arsenals,  dock-yards,  and  other  needful  buildings,  the  Consti- 
tution confers  upon  them  exclusive  jurisdiction  of  the  tract  so  ac- 
quired; but  when  they  acquire  such  lands  in  any  other  way  than  by 
purchase  with  the  consent  of  the  legislature  they  will  hold  the  lands 
subject  to  this  qualification;  that  if  upon  them  forts,  arsenals  or 
other  public  buildings  are  erected  for  the  use  of  the  General  Gov- 
ernment, such  buildings  with  their  appurtenances,  as  instrumentali- 
ties for  the  execution  of  its  powers  will  be  free  from  any  such  in- 
terference and  jurisdiction  of  the  State  as  would  destroy  or  impair 
their  effective  use  for  the  purposes  designed.  Such  is  the  law  with 
reference  to  all  instrumentalities  created  by  the  General  Government. 
Their  exemption  from  State  control  is  essential  to  the  independence 
and  sovereign  authority  of  the  United  States  within  the  sphere  of 


APPENDIX.  503 

their  delegated  powers.  But  when  not  used  as  such  instrumentalities, 
the  legislative  power  of  the  State  will  be  as  full  and  complete  as  over 
any  other  places  within  her  limits.  (Fort  Leaven  worth  R.  R.  Co.  v. 
Lowe,  114  U.  S.,  525,  539.) 

When  exclusive  jurisdiction  suspended. — A  lease  by  the  United 
States  to  a  city  for  market  purposes,  of  vacant  land  which  was  a  part 
of  land  ceded  by  the  State  to  the  United  States  for  the  purpose  of  a 
navy-yard  and  naval  hospital  with  a  provision  that  the  United  States 
may  retain  such  use  and  jurisdiction  no  longer  than  the  premises  are 
used  for  such  purposes,  operates,  at  least  while  the  lease  is  in  force,  to 
suspend  the  exclusive  authority  and  jurisdiction  of  the  United  States 
over  the  leased  land,  and  thereby  makes  it  subject  to  the  jurisdiction 
of  State  courts  in  an  action  of  ouster  therefrom.  (Palmer  v.  Barrett, 
162  U.  S.,  399.) 

Of  United  States  over  reservations  in  Territories  paramount — To 
retain  exclusive  jurisdiction  it  must  be  reserved  ~by  Congress  when 
admitting  such  Territory  as  a  State. — Over  lands  reserved  for  mili- 
tary or  other  governmental  purposes  in  the  Territories  the  jurisdic- 
tion of  the  United  States  is  necessarily  paramount.  When  a  Terri- 
tory is  admitted  as  a  State  it  is  within  the  power  of  Congress  to 
stipulate  for  the  power  of  exclusive  jurisdiction  over  such  reser- 
vations, or  to  exempt  them  from  the  jurisdiction  of  the  State.  Fail- 
ing to  dp  this,  however,  the  State  can  exercise  such  authority  and 
jurisdiction  over  them  as  over  similar  property  held  by  private  indi- 
viduals; and  the  United  States  can  acquire  exclusive  jurisdiction 
only  when  the  same  has  been  formally  ceded  by  the  legislature  of  the 
State  in  which  the  lands  are  situated.  (Fort  Leavenworth  R.  R.  Co. 
v.  Lowe,  114  U.  S.,  525.) 

When  the  United  States  and  State  have  concurrent  jurisdiction. — 
The  same  offence  may  be  made  punishable  both  under  the  laws  of 
the  State  and  of  the  United  States  and  over  such  offences  the  State 
and  federal  courts  have  concurrent  jurisdiction.  In  cases  of  concur- 
rent jurisdiction  the  court  that  first  gets  control  of  the  subject-matter 
will  continue  to  exercise  jurisdiction  until  judgment,  without  molesta- 
tion or  interference  from  the  other ;  this  is  the  proper  course  to  pur- 
sue in  criminal  as  well  as  civil  cases.  (United  States  v.  Wells,  Dis- 
trict Court,  District  of  Minnesota,  January,  1872.) 

How  lost  and  restored. — Jurisdiction  over  the  lands  lying  within 
the  limits  of  the  military  reservation  of  Fort  Leavenworth  passed 
from  the  United  States  to  the  State  of  Kansas  under  the  operation  of 
the  act  of  June  22,  1861,  Chapter  20,  admitting  that  State  into  the 
Union;  and  to  restore  such  jurisdiction  to  the  United  States,  a  ces- 
sion thereof  by  the  State  is  necessary.  (Vol.  14,  p.  33,  Opins.  Attys. 
Genl.) 

Use  of  military  reservation  can  not  be  inquired  into  upon  a  question 
of. — The  land  claimed  by  the  Secretary  of  the  Interior  (part  of  the 
Fort  Leavenworth  Military  Reservation)  as  a  portion  of  the  territory 
allotted  to  the  Delaware  tribe  of  Indians  never  was  a  portion  of  said 
territory,  but  was  legally  reserved  by  the  President  for  military  pur- 
poses. (United  States  v.  Stone,  2  Wall.,  p.  525.)  In  Benson  v.  The 
United  States,  the  court,  after  citing  above  case,  say:  "The  char- 
acter and  purposes  of  its  occupation  having  been  officially  and  legally 
established  by  that  branch  of  the  government,  which  has  control  over 
such  matters,  it  is  not  open  to  the  courts,  on  a  question  of  jurisdiction, 


504  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

to  inquire  what  may  be  the  actual  uses  to  which  any  portion  of  the 
reserve  is  temporarily  put."  (Benson  v.  The  United  States,  146 
U.  S.  Rep.,  p.  331.) 

How  far  a  State  may  prescribe  conditions  to  the  cession  of. — A 
State  may  cede  to  the  United  States  exclusive  jurisdiction  over  land 
within  its  limits  in  a  manner  not  provided  for  in  the  Constitution  of 
the  United  States,  and  may  prescribe  conditions  to  the  cession,  if  they 
are  not  inconsistent  with  the  effective  use  of  the  property  for  the  pur- 
poses intended.  (Fort  Leavenworth  K.  R.  Co.  v.  Lowe,  114  U.  S. 
Rep.,  525.) 

The  subject  of  "Jurisdiction  "  has  been  further  treated  in  an  opin- 
ion of  the  Judge  Advocate  General  of  the  Army,  rendered  December 
30,  1895,  as  follows: 

Jurisdiction  over  territory  in  a  State  may  be  acquired  by  the  United  States, 
under  the  seventeenth  clause  of  section  8  of  article  1  of  the  Constitution,  by 
the  purchase  of  such  territory,  with  the  consent  of  the  State,  "for  the  erection 
of  forts,  magazines,  arsenals,  dockyards  and  other  needful  buildings."  The 
Constitution  gives  Congress  the  power  of  exercising  exclusive  legislation  over 
such  place,  and  this  is  held  to  mean  exclusive  jurisdiction.  The  State's  consent 
to  the  purchase  for  any  one  of  these  constitutional  purposes  invests  the  United 
States  with  exclusive  jurisdiction,  and  the  State  can  not,  even  by  the  express 
language  of  its  legislation,  reserve  to  itself  any  part  of  this  jurisdiction.  (The 
reservation  of  the  right  of  serving  process  for  causes  of  action  arising  outside 
such  territory  is  not  held  to  be  an  actual  reservation  of  a  part  of  the  exclusive 
jurisdiction  intended  to  be  vested  in  the  United  States.)  But  it  would  seem  that 
this  is  only  true  when  the  purchase  is  for  one  of  the  constitutional  purposes. 
By  correct  construction,  "other  needful  buildings"  would  mean  buildin  of 
the  same  character  as  those  specified — buildings  intended  for  military  or  de- 
fensive purposes.  A  more  comprehensive  meaning  has,  indeed,  been  sometimes 
given  to  the  expression,  but  no  justification  for  such  construction  is  found. 

In  Pinckney's  draft  of  a  constitution  there  was  this  clause :  "  To  provide  such 
dockyards  and  arsenals  and  erect  such  fortifications  as  may  be  necessary  for 
the  United  States,  and  to  exercise  exclusive  jurisdiction  therein."  (This  draft 
was  submitted  May  29,  1787.) 

There  was  no  corresponding  provision  in  the  Constitution  reported  by  the 
committee  of  detail,  August  6,  but  the  committee  of  eleven,  by  report  of  Septem- 
ber 5,  recommended  the  adoption  of  the  clause  as  it  now  reads,  except  that  it 
did  not  have  the  words,  "  by  the  consent  of  the  legislature  of  the  State."  In  the 
debate  on  the  proposition  Mr.  Gerry  contended  that  this  power  might  be  made 
use  of  to  enslave  any  particular  State  by  buying  up  its  territory,  and  that  the 
strongholds  proposed  would  be  a  means  of  awing  the  State  into  an  undue 
obedience  to  the  general  government.  Mr.  King  thought  himself  the  provision 
unnecessary,  the  power  being  already  involved;  but  would  move  to  insert,  after 
the  word  "  purchased,"  the  words  "  by  the  consent  of  the  legislature  of  the 
State."  This  would  certainly  make  the  power  safe.  (5  Elliot's  Debates,  511.) 

And  in  the  Federalist  (No.  43)  it  is  said:  "Nor  would  it  be  proper  for  the 
places  on  which  the  security  of  the  entire  Union  may  depend  to  be  in  any 
degree  dependent  on  a  particular  member  of  it." 

So  Story  says   (section  1224)  : 

"  The  other  part  of  the  power,  giving  exclusive  legislation  over  places  ceded 
for  the  erection  of  forts,  magazines,  etc.,  seem  still  more  necessary  for  the  public 
convenience  and  safety.  The  public  money  expended  on  such  places,  and  the 
public  property  deposited  in  them,  and  the  nature  of  the  military  duties  which 
may  be  required  there,  all  demand  that  they  should  be  exempted  from  State 
authority.  In  truth,  it  would  be  wholly  improper  that  places  on  which  the 
security  of  the  entire  Union  may  depend  should  be  subject  to  the  control  of  any 
member  of  it.  The  power,  indeed,  is  wholly  unexceptionable,  since  it  can  only 
be  exercised  at  the  will  of  the  State;  and  therefore  it  is  placed  beyond  all 
reasonable  scruple.  Yet  it  did  not  escape  without  the  scrutinizing  jealousy  of 
the  opponents  of  the  Constitution,  and  was  denounced  as  dangerous  to  State 
sovereignty." 

And,  as  observed  by  Judge  Seaman  (In  re  Kelly,  71  Fed.  Rep.,  545,  549)  : 

"  The  rule  thus  stated,  whereby  legislative  consent  operates  as  a  complete 
cession,  is  applicable  only  to  objects  which  are  specified  in  the  above  provision, 


APPENDIX.  505 

and  can  not  be  held  to  so  operate,  ipso  facto,  for  objects  not  expressly  included 
therein.  Whether  it  rests  in  the  discretion  of  Congress  to  extend  the  provision 
to  objects  not  specifically  enumerated,  although  for  national  purposes,  upon 
declaration  as  'needful  buildings,'  and  thereby  secure  exclusive  jurisdiction,  is 
an  inquiry  not  presented  by  this  legislation  (see  114  U.  S.,  541)  ;  and  I  think  it 
can  not  be  assumed  by  way  of  argument  that  such  power  is  beyond  question.  In 
New  Orleans  v.  United  States  (10  Pet.,  662,  737)  the  opinion  of  the  Supreme 
Court  is  expressed  by  Mr.  Justice  McLean,  without  dissent,  as  follows : 

'  *  Special  provision  is  made  in  the  Constitution  for  the  cession  of  jurisdiction 
from  the  States  over  places  where  the  Federal  government  shall  establish  forts 
or  other  military  works.  And  it  is  only  in  these  places,  or  in  the  territories  of 
the  United  States,  where  it  can  exercise  a  general  jurisdiction.'  " 

And  in  United  States  v.  Bevans  (3  Wheat,  336,  390)  the  claim  was  urged  that 
the  words  "  other  place  "  would  include  a  ship  of  war  of  the  United  States  lying 
at  anchor  in  Boston  harbor,  and  bring  it  within  the  statute  defining  murder 
committed  "  within  any  fort,  arsenal,  dockyard,  magazine,  or  in  any  other  place 
or  district  of  country  under  the  sole  jurisdiction  of  the  United  States ;  "  but  it 
was  stated  by  the  court,  through  Chief  Justice  Marshall,  that  "  the  construction 
seems  irresistible  that  by  the  words  '  other  place '  was  intended  another  place  of 
a  similar  character  with  those  previously  enumerated ;  "  that  the  context  shows 
the  mind  of  the  legislature  to  have  been  fixed  on  territorial  objects  of  a  similar 
character."  (See,  also,  The  Federalist,  No.  43,  by  Madison.) 

Section  355  of  the  Revised  Statutes  prescribes  that  no  public  money  shall  be 
expended  upon  any  site  or  land  purchased  by  the  United  States  for  the  purposes 
of  erecting  thereon  any  armory,  arsenal,  fort,  fortification,  navy-yard,  custom- 
house, light-house,  or  other  building,  of  any  kind  whatever,  until  the  *  *  * 
consent  of  the  legislature  of  the  State  in  which  the  land  or  site  may  be,  to  such 
purchase,  has  been  given.  This  section  is  in  part  based  on  the  clause  of  the 
Constitution  referred  to,  and  in  part  not.  The  consent  of  the  State  to  a  pur- 
chase, given  in  order  to  satisfy  the  requirement  of  this  section,  would  invest  the 
United  States  with  exclusive  jurisdiction,  if  the  purchase  be  for  one  of  the  con- 
stitutional purposes ;  but  the  section  provides  for  other  purposes  also,  and  as  to 
these  it  would  seem  that  a  simple  consent  to  the  purchase  (assuming  that  such 
consent,  being  for  a  purpose  not  falling  under  the  clause  of  the  Constitution, 
amounts  to  a  cession  of  jurisdiction)  would  only  carry  with  it  so  much  juris- 
diction as  would  be  necessary  for  the  purpose  of  the  purchase.  Probably  this 
would  be  held  to  be  concurrent  jurisdiction.  Taking  into  consideration  the  fact 
that  States  can  not,  under  any  circumstances,  interfere  with  the  instrumen- 
talities of  the  government  of  the  United  States,  it  may,  indeed,  be  questioned 
whether,  even  under  this  view,  unnecessary  precautions  have  not  been  taken  in 
regard  to  the  acquisition  of  jurisdiction ;  and  certainly  it  can  not  be  presumed 
that  a  State  intends  to  part  with  more  of  its  sovereignty  than  is  necessary.  A 
consent  to  the  purchase,  under  section  355,  Revised  Statutes,  if  the  purchase  be 
for  other  than  one  of  the  purposes  described  in  the  clause  of  the  Constitution, 
may,  therefore,  be  accompanied  with  any  limitations  not  interfering  with  an 
instrumentality  of  the  government  of  the  United  States. 

The  most  common  way  of  acquiring  jurisdiction,  however,  is  by  the  State's 
expressly  ceding  it  to  the  United  States.  In  such  case  the  State  may  make  simi- 
lar limitations,  and  this  even  if  the  place  be  used  by  the  United  States  for  one 
of  the  purposes  mentioned  in  the  clause  of  the  Constitution.  To  bring  the  case 
under  the  clause  there  must  be  a  purchase  with  consent.  (Dig.  Opin.  J.  A.  G., 
1912,  p.  931,  V. ;  citing  Fort  Leavenworth  R.  R.  Co.  v.  Lowe,  114  U.  S.,  539 ;  Chi- 
cago and  Pacific  Ry.  Co.  v.  McGlinn,  114  U.  S.,  542 ;  Benson  v.  U.  S.,  146  U.  S., 
331 ;  in  re  Kelly,  71  Fed.  Rep.,  545;  in  re  Ladd,  74  Fed.  Rep.,  31.) 

Award — /Submission  not  binding  unless  authorized  by  act  of  Con- 
gress.— No  officer  of  the  United  States  has  authority  to  enter  into  a 
submission  in  their  behalf,  which  shall  be  binding  on  them,  unless 
the  power  is  given  by  a  special  act  of  Congress.  (United  States  v. 
Ames,  24  Fed.  Cases,  p.  784.) 

Same — Can  not  be  pleaded  in  bar  of  an  action  of  trespass  unless 
authorized  by  Congress. — The  United  States  had  machinery  in  opera- 
tion, carried  by  water,  on  land  which  had  been  sold  to  them,  and  over 
which  jurisdiction  had  been  ceded  to  them  by  the  State  of  Massachu- 
setts. A  owned  mills  above  and  below  them  on  the  same  stream,  and 
the  dam  of  each  party  flowed  back  so  as  to  obstruct  the  other.  A  sub- 


506  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

mission  of  the  matters  in  dispute  was  entered  into  by  A  on  the  one 
part  and  by  the  District  Attorney,  authorized  by  the  Solicitor  of  the 
Treasury,  or  War  Department,  on  the  other  part,  but  without  any 
authority  from  Congress ;  and  an  award  was  made  thereon,  prescrib- 
ing the  height  of  the  dam.  The  United  States  afterwards  brought 
an  action  of  trespass  against  A  for  flowing,their  land.  He  pleaded 
a  special  bar  of  the  award,  alleging  that  he  had  complied  with  its 
terms.  On  general  demurrer  it  was  held  that  the  special  plea  could 
not  be  sustained.  (Ibid.) 

When  State  legislature  can  not  interfere  with  exercise  of  exclusive 
jurisdiction  by  Congress. — Whenever  the  terms  in  which  a  power  is 
granted  by  the  Constitution  or  the  nature  of  the  power  itself,  requires 
that  it  should  be  exercised  exclusively  by  Congress,  State  legislature 
can  not  interfere.  (Sturgis  v.  Crowninshield,  4  Wheat.,  122.) 

Effect  of  reservation  of  concurrent  jurisdiction  by  State  to  serve 
process. — Where  a  State  grants  land  to  the  general  government, 
reserving  to  it  a  concurrent  jurisdiction  in  executing  process  therein, 
for  offences  committed  out  of  it,  the  federal  courts  have  exclusive 
jurisdiction  of  offences  committed  within  such  territory.  (United 
States  v.  Travers,  28  Fed.  Cases,  p.  204.  See  United  States  v.  Penn., 
48  Fed.  Rep.,  669.) 

The  lex  rei  sitce  governs  when  no  cession  by  State,  except  when  in 
conflict  with  the  Constitution,  treaties,  or  statutes  of  the  United 
States. — When  the  United  States  own  land,  situated  within  the  limits 
of  particular  States,  and  over  which  they  have  no  cession  of  jurisdic- 
tion, for  objects  either  special  or  general,  the  rights  and  remedies  in 
relation  to  it  are  usually  such  as  apply  to  other  landowners  within 
the  State,  and  the  lex  rei  sitcr;  will  govern;  except  where  the  Consti- 
tution, treaties  or  Statutes  of  the  United  States,  otherwise  require 
and  provide.  (United  States  v.  Ames,  24  Fed.  Cases,  p.  784.) 

The  Territory  belonging  to  the  United  States  over  which  jurisdic- 
tion has  been  ceded,  subject  to  laws  of  Congress  and  not  to  those  of 
State — Exception. — The  territory  belonging  to  the  United  States,  not 
situated  within  the  limits  of  any  State,  is  subject  to  the  laws  of  Con- 
gress. That  within  such  limits,  but  over  which  jurisdiction  has  been 
ceded  to  the  United  States,  and  which  is  used  for  exclusive  and  con- 
stitutional objects,  is  likewise  subject  to  said  laws,  and  not  to  those  of 
the  State,  except  when  they  were  enacted  before  the  cession  of  juris- 
diction and  do  not  conflict  in  any  degree  with  what  has  been  required 
or  provided  by  the  general  government.  (Ibid.) 

When  United  States  may  resort  to  common  law  or  laws  of  States 
for  injuries  to  public  property. — The  United  States,  in  cases  when 
Congress  has  not  provided  any  or  adequate  remedies  for  injuries  to 
public  property,  may  resort  to  those  of  common  law  origin,  or  those 
provided  by  the  law  of  the  several  States.  (Ibid.) 

Same. — But  in  places  over  which  jurisdiction  has  been  ceded  to 
the  United  States  the  State  laws  can  not  be  permitted  to  thwart  or 
embarrass  the  object  of  the  cession.  (Ibid.) 

Case  in  point. — It  seems  the  laws  of  Massachusetts  respecting  flow- 
age  do  not  apply  to  the  case  of  machinery  used  by  the  United  States 
for  public  purposes,  in  a  place  over  which  jurisdiction  has  been  ceded 
to  the  United  States,  so  as  to  authorize  a  mill  owner  to  flow  back  in 
a  way  to  impair  in  any  degree  the  use  of  the  machinery.  (Ibid.) 


APPENDIX.  507 

State  courts  can  not  take  cognizance  of  offences  committed  upon 
lands  belonging  to  the  United  States  purchased  with  consent  of 
State. — The  Courts  of  the  Commonwealth  can  not  take  cognizance  of 
offences  committed  upon  lands  in  the  town  of  Springfield,  which 
have  been  purchased  by  the  United  States  for  the  purpose  of  erecting 
arsenals,  etc.,  to  which  the  consent  of  the  Commonwealth  was  granted 
by  the  Statute  of  1798,  Chapter  13.  (Commonwealth  v.  Clary,  8 
Mass.,  72.)  The  Chief  Justice,  in  delivering  the  opinion  of  the  court, 
said: 

We  are  of  opinion  that  the  territory,  on  which  the  offence  charged  is  agreed 
to  have  been  committed,  is  the  territory  of  the  United  States,  over  which  the 
Congress  have  the  exclusive  power  of  legislation.  The  assent  of  the  common- 
wealth to  the  purchase  of  this  territory  by  the  United  States,  had  this  condi- 
tion annexed  to  it — that  civil  and  criminal  process  might  be  served  therein  by 
the  officers  of  the  Commonwealth.  This  condition  was  made  with  a  view  to 
prevent  the  territory  from  becoming  a  sanctuary  for  debtors  and  criminals; 
and  from  the  subsequent  assent  of  the  United  States  to  the  said  condition, 
evidenced  by  their  making  the  purchase,  it  results  that  the  officers  of  the  Com- 
monwealth, in  executing  such  process,  act  under  the  authority  of  the  United 
States.  No  offences  committed  within  that  territory,  are  committed  against 
the  laws  of  this  Commonwealth;  nor  can  such  offences  be  punishable  by  the 
courts  of  the  Commonwealth  unless  the  Congress  of  the  United  States  should 
give  to  the  said  courts  jurisdiction  thereof.  *  *  *  An  objection  occurred  to 
the  minds  of  some  members  of  the  court  that  if  the  laws  of  the  Commonwealth 
have  no  force  within  this  territory,  the  inhabitants  thereof  can  not  exercise 
any  civil  or  political  privileges,  under  the  laws  of  Massachusetts,  within  the 
town  of  Springfield.  We  are  agreed  that  such  consequence  necessarily  fol- 
lows, and  we  think  that  no  hardship  is  thereby  imposed  on  those  inhabitants; 
because  they  are  not  interested  in  any  elections  made  within  the  State,  or 
held  to  pay  any  taxes  imposed  by  its  authority,  nor  bound  by  any  of  its  laws. 
And  it  might  be  very  inconvenient  to  the  United  States  to  have  their  laborers, 
artificers,  officers,  and  other  persons  employed  in  their  service,  subjected  to  the  . 
services  required  by  the  Commonwealth  of  the  inhabitants  of  the  several  towns. 
It  will  be  noticed  that  in  this  decision  we  make  a  distinction  between  persons 
who  actually  dwell  within  the  territory  owned  by  the  United  States,  and  the 
laborers  and  artificers  employed  therein,  who  have  their  dwelling  elsewhere. 

When  municipal  laws  of  a  State  continue  in  force  on  a  reservation 
over  which  jurisdiction  has  been  acquired. — Where  land  within  a 
State  is  acquired  by  the  United  States  with  the  consent  of  the  State, 
the  jurisdiction  of  the  United  States  over  it  is,  under  Constitution, 
Article  I,  section  8,  clause  17,  supreme,  and  a  reservation  by  the 
State  of  the  right  to  serve  civil  or  criminal  process  within  the  land 
ceded  is  limited  to  actions  arising  outside  of  the  ceded  territory;  but 
the  laws  of  the  State  for  the  enforcement  of  municipal  or  private 
rights  of  individuals  residing  therein  continue  unless  the  United 
States  provide  legislation  for  the  territory,  and  where  jurisdiction 
is  not  given  by  a  Federal  law  to  Federal  courts  to  assert  and  protect 
private  rights,  such  rights  may  be  enforced  in  the  State  courts. 
(Divine  v.  Unaka  Nat.  Bank.  J40  S.  W.  RCD..  747.) 

Reservation  to  serve  process  ~by  State  operates  as  a  condition  of  the 
grant. — It  seems  that  a  reservation  on  a  cession  of  concurrent  juris- 
diction to  serve  process,  civil  and  criminal,  in  the  ceded  place,  does 
not  exclude  the  exclusive  legislation  or  exclusive  jurisdiction  of  the 
United  States  over  the  ceded  places.  It  merely  operates  as  a  condi- 
tion of  the  grant.  (United  States  v.  Davis,  5  Mason,  356,  Circuit 
Court,  Eastern  District,  Mass.) 

Liquor  or  beer  introduced  at  a  military  post  situated  upon  an 
Indian  Reservation  over  which  the  United  States  have  exclusive 
jurisdiction  not  subject  to  operation  of  State  laws. — Where  cer- 


508  UNITED    STATES    MILITARY   RESERVATIONS,  ETC. 

tain  beer,  alleged  to  be  intoxicating,  was  attempted  to  be  introduced 
at  the  post  of  Fort  Yates,  situated  upon  an  Indian  Reservation  in 
North  Dakota,  exclusive  jurisdiction  over  which  is  vested  in  the 
United  States,  held,  that  the  admission  or  sale  of  such  liquor  would 
be  an  offense  against  the  United  States,  not  against  the  state,  since 
the  Act  of  August  8,  1890,  providing  that  intoxicating  liquor  shipped 
into  a  state  shall  be  subject  to  the  operation  of  the  state  laws  as  soon 
as  it  enters  the  territory  of  the  state,  can  not  apply  to  a  district  over 
which  the  United  States  has  exclusive  jurisdiction,  and  therefore 
that  the  state  authorities  would  not  be  empowered  to  make  a  seizure 
of  such  beer.  (Dig.  Opin.  J.  A.  G.,  1912,  p.  672,  F.) 

Grant  of  right  of  way  across  military  reservation  does  not  oust 
exclusive  jurisdiction. — Held,  that  the  Act  of  Congress  granting  to 
the  West  Shore  Railroad  Company  ;i  right  of  way  across  a  part  of 
the  military  reservation  at  West  Point,  N.  Y.,  did  not  operate  to  oust, 
as  to  such  way,  the  exclusive  jurisdiction  over  the  reservation  pre- 
viously ceded  by  the  State  to  the  United  States.  It  simply  imposed 
upon  the  military  authorities  the  duty  of  not  interfering  with  the 
legitimate  use  of  its  right  by  the  railroad  company.  (Ibid.,  p.  934, 
D  la.) 

Consent  to  purchase  may  be  given  by  general  act  of  the  State. — A 
State  may  give  consent  by  one  general  Act,  prospective  in  terms  and 
covering  all  future  purchases  by  the  United  States.  (Vol.  15,  p.  480, 
Opins.  Attys.  Genl.) 

Jurisdiction  of  State  courts  over  crimes  committed  in  places  ceded 
to  the  United  States. — When  a  State  cedes  to  the  United  States  lands 
for  forts,  etc.,  reserving  concurrent  jurisdiction  to  serve  State  pro< 
•civil  and  criminal,  in  the  ceded  places,  such  reservation  merely  oper- 
ates as  a  condition  of  the  grant,  and  does  not  defeat  the  exclusive 
jurisdiction  of  the  United  States  over  such  place,  and  the  State  courts 
have  no  jurisdiction  of  crimes  committed  therein.  (Lasher  v.  The 
State,  30  Texas  Appeals,  387.) 

Judicial  notice  taken  of  cession  of  portion  of  territory  of  State. — 
The  cession  of  a  portion  of  the  territory  of  a  State  to  exclusive  for- 
eign jurisdiction  and  control  is  one  of  the  highest  acts  of  sovereignty 
affecting  the  people  of  the  State  at  large,  and  courts  of  the  State  will 
take  judicial  knowledge  of  the  fact  of  cession,  and  that  crimes  com- 
mitted within  the  ceded  territory  are  beyond  the  jurisdiction  of  the 
State  courts.  (Ibid.) 

Effect  of  cession  ~by  State — New  restrictions. — An  act  of  the  legis- 
lature of  a  State  ceding  to  the  United  States  the  jurisdiction  of  the 
State  over  a  tract  of  land  used  as  a  military  reservation,  upon  condi- 
tion that  such  jurisdiction  shall  continue  only  so  long  as  the  United 
States  shall  own  and  occupy  such  reservation;  that  the  State  shall 
have  the  right,  within  the  reservation,  to  serve  civil  process,  and  to 
execute  criminal  process  against  persons  charged  with  crime  com- 
mitted within  the  State;  and  that  roads  may  be  opened  and  kept  in 
repair  within  such  reservation,  cedes  to  the  United  States  the  entire 
political  jurisdiction  of  the  State  over  the  place  in  question,  includ- 
ing judicial  and  legislative  jurisdiction,  except  as  to  service  of 
process  and  opening  of  roads,  and  the  same  can  not  be  affected  or 
further  limited,  without  the  consent  of  the  United  States,  by  a  sub- 
sequent act  of  the  State  legislature  attempting  to  impose  additional 
restrictions  on  the  jurisdiction  ceded.  (In  re'Ladd,  74  Fed.  Rep.,  31.) 


APPENDIX.  509 

Judicial  officers. — After  such  cession  a  Justice  of  the  Peace,  acting 
under  authority  of  the  State,  has  no  jurisdiction  over  the  ceded  terri- 
tory in  matters  of  alleged  criminal  violation  of  the  laws  of  the  State 
committed  on  such  territory.  (Ibid.) 

Civil  and  criminal  laws. — While,  after  such  cession,  the  municipal 
laws  of  the  State  governing  property  and  property  rights  continue  in 
force  in  the  ceded  territory,  except  so  far  as  in  conflict  with  the  laws 
and  regulations  of  the  United  States  applying  thereto,  the  criminal 
laws  of  the  State  cease  to  be  of  force  within  the  ceded  territory,  and 
laws  regulating  the  sale  of  intoxicating  liquors,  requiring  a  license 
therefor,  and  punishing  unlicensed  sales,  cease  to  be  operative,  both 
as  in  conflict  with  the  regulations  of  the  United  States  governing 
military  reservations  and  as  penal  in  their  character.  (Ibid.) 

Violation  of  regulations — Delegation  of  legislative  authority. — 
Where  Congress  authorizes  an  executive  officer  to  make  regulations 
and  fixes  the  penalty  for  their  violation,  the  violation  is  not  made  a 
crime  by  the  regulations,  but  by  the  statute  which  prescribes  the  pen- 
alty. Such  grant  of  authority  by  Congress  is  not  a  delegation  of 
legislative  power.  (United  States  v.  Grimaud,  220  U.  S.,  506.) 

Cession  of,  when  United  States  can  not  accept. — The  United  States 
can  not  accept  a  cession  of  jurisdiction  from  a  State  coupled  with  a 
condition  that  crimes  committed  within  the  limits  of  the  jurisdiction 
ceded,  shall  continue  to  be  punishable  by  the  courts  of  the  State  for 
the  reason  that  such  a  reservation,  or  condition,  is  distinctly  incom- 
patible with  the  provisions  of  the  penal  acts  of  Congress,  and  would 
obstruct,  if  not  defeat,  the  execution  of  those  acts,  and  also,  because 
such  condition  is  inconsistent  with  any  possible  construction  of  that 
"exclusive  "  jurisdiction,  which,  according  to  the  letter  and  intent  of 
the  Constitution,  are  in  such  cases,  to  be  vested  in  the  United  States. 
(Vol.  8,  p.  418,  Opins.  Attys.  Genl.) 

Of  State — When  it  ceases — Status  of  inhabitants  of  ceded  places — 
Effect  of  no  cession  by  State. — The  States  can  not  take  cognizance  of 
any  acts  done  in  the  ceded  places  after  the  cession ;  and,  on  the  other 
hand,  the  inhabitants  of  those  places  cease  to  be  inhabitants  of  the 
State  and  can  no  longer  exercise  any  civil  or  political  rights  under 
the  laws  of  the  State.  But  if  there  has  been  no  cession  by  the  State 
of  the  place,  although  it  has  been  constantly  occupied  and  used,  under 
purchase,  or  otherwise,  by  the  United  States  for  a  fort,  arsenal,  or 
other  constitutional  purpose,  the  State  jurisdiction  still  remains  com- 
plete and  perfect.  (Story  on  the  Constitution,  Vol.  2,  Sec.  1227.) 

When  express  terms  ceding  "  Exclusive "  jurisdiction  must  be 
used. — It  appears  indisputable  that  all  State  jurisdiction  is  not  ex- 
cluded from  every  parcel  of  land  purchased  by  the  general  govern- 
ment in  a  State  with  legislative  consent,  irrespective  of  its  use;  and, 
therefore,  that  if  the  purpose  is  not  one  of  those  distinctly  named  in 
the  clause  of  the  Constitution,  the  act  of  Congress  which  provides  for 
the  purchase  and  requires  the  legislative  consent  must,  in  some  un- 
equivocal terms,  declare  that  exclusive  jurisdiction  is  intended  and 
necessary  for  the  proposed  use,  or  at  least  the  purpose  stated  must  be 
one  of  which  it  is  manifest  that  any  exercise  of  coordinate  or  other 
jurisdiction  would  be  incompatible  therewith.  (In  re  Kelly,  Circuit 
Court,  Eastern  District  of  Wisconsin,  Dec.  27,  1895,  71  Fed.  Rep., 
545.)  Decides,  also,  that  the  clause  of  the  Constitution  upon  which 


510  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

the  Ohio  (Sinks  v.  Reese,  19  Ohio  State,  306)  and  Virginia  (Foley 
v.  Shriver,  81  Virginia,  568)  decisions  mainly  rest  their  view  of  the 
State  enactments,  respectively,  is  not  applicable  to  this  Wisconsin 
case  and  can  not  be  invoked  to  exclude  the  exercise  of  State  jurisdic- 
tion, citing  the  following :  United  States  v.  Bevans,  3  Wheaton,  336 ; 
New  Orleans  v.  United  States,  10  Peters,  662,  737;  Fort  Leaven- 
worth  Railroad  Company  v.  Lowe,  114  U.  S.,  525;  Railroad  Com- 
pany v.  McGlinn,  114  U.  S.,  542;  People  v.  Godfrey,  17  Johnson, 
225;  Crook,  Horner  &  Co.  v.  Old  Point  Comfort  Hotel  Company, 
54  Fed.  Rep.,  604. 

Of  State  courts  over  trespasses  committed  on  land  ceded  to  the 
United  States. — When  Congress  has  made  no  new  regulations  touch- 
ing the  administration  of  justice  in  civil  cases  with  respect  to  actions 
arising  within  territory  which  a  State  has  ceded  to  the  Federal  gov- 
ernment for  the  purpose  of  a  Navy- Yard,  the  laws  of  the  State  in 
force  at  the  time  of  the  cession,  and  the  jurisdiction  of  its  courts  in 
regard  to  private  rights  and  remedies,  remain  unchanged  and  un- 
affected by  the  act  of  cession.  (Barrett  v.  Palmer,  135  N.  Y.,  p.  336.) 

Status  of  persons  residing  on  ceded  places. — Persons  residing  on 
places  so  ceded  are,  in  many  respects,  exterritorialized,  so  as  not  to  be 
subject  to  personal  taxation  by  the  State,  not  to  acquire  a  pauper 
settlement  therein,  not  to  be  entitled  to  its  public  schools,  nor  to  the 
enjoyment  of  its  elective  franchise.  Of  course  the  property  of  the 
United  States  in  such  places  is  not  subject  to  the  jurisdiction  of  the 
State.  Such  ceded  lands  within  a  State  are  not  to  be  made  places  of 
refuge  from  its  civil  or  criminal  jurisdiction,  or  of  escape  from  civil 
obligations  due  to  any  of  its  inhabitants.  (Vol.  7,  p.  628,  Opins. 
Attys.  Genl.) 

Same. — It  was  held  that  the  persons  in  the  employment  of  the 
United  States  actually  residing  in  the  limits  of  the  Armory  at  Har- 
per's Ferry  do  not  possess  the  civil  and  political  rights,  nor  are  they 
subject  to  the  tax  and  other  obligations,  of  citizens  of  the  State  of 
Virginia.  (Vol.  6,  p.  577,  Opins.  Attys.  Genl.) 

Residents  on  military  reservations,  where  jurisdiction  has  been 
ceded,  not  entitled  to  privileges  of  public  schools,  but  must  pay  for 
tuition  if  availed  of,  if  charge  is  made  by  local  authorities. — Resi- 
dents on  a  military  reservation  over  which  exclusive  jurisdiction  has 
been  ceded  by  the  State  to  the  United  States  are  not  entitled  to  the 
use  of  the  public  schools,  nor  can  they  legally  be  taxed  for  their  sup- 
port. But  if  allowed  to  avail  themselves  of  such  schools,  and  they 
send  their  children  to  them,  they  can  not  avoid  paying  such  charge 
as  the  local  authorities  may  impose  in  regulating  admissions.  Thus 
held  that  officers  stationed  at  Fort  Trumbull,  Conn.,  were  not  exempt 
from  paying  the  fee  exacted  by  the  City  of  New  London  in  cases 
where  parents  elect  to  send  their  children  to  a  school  in  a  district 
different  from  that  in  which  they  reside.  (Dig.  Opin.  J.  A.  G.,  1912, 
p.  937,  F  Ib.) 

Same. — Status  of  persons  residing  on  territory  purchased  by  the 
United  States  with  consent  of  the  legislature  of  the  State. — By  be- 
coming a  resident  inmate  of  the  asylum,  (Soldiers'  Home),  a  person 
though  up  to  that  time  he  may  have  been  a  citizen  and  resident  of 
Ohio,  ceases  to  be  such;  he  is  relieved  from  any  obligation  to  con- 
tribute to  her  revenues,  and  is  subject  to  none  of  the  burdens  which 
she  imposes  upon  her  citizens.  He  becomes  subject  to  the  exclusive 


APPENDIX.  511 

jurisdiction  of  another  power  as  foreign  to  Ohio  as  is  the  State  of 
Indiana  or  Kentucky  or  the  District  of  Columbia.  The  Constitution 
of  Ohio  requires  that  electors  shall  be  residents  of  the  State;  but 
under  the  provisions  of  the  Constitution  of  the  United  States,  and  by 
the  consent  and  act  of  cession  of  the  legislature  of  this  State,  the 

f  rounds  and  buildings  of  this  asylum  have  been  detached  and  set  off 
rom  the  State  of  Ohio,  and  ceded  to  another  government,  and  placed 
under  its  exclusive  jurisdiction  for  an  indefinite  period.  We  are 
unanimously  of  the  opinion  that  such  is  the  law,  and  with  it  we  have 
no  quarrel;  for  there  is  something  in  itself  unreasonable  that  men 
should  be  permitted  to  participate  in  the  government  of  a  community, 
and  in  the  imposition  of  charges  upon  it,  in  whose  interests  they 
have  no  stake,  and  from  whose  burdens  and  obligations  they  are 
exempt.  (John  F.  Sinks  v.  David  W.  Reese,  19  Ohio  St.  Rep.',  316, 
citing  Commonwealth  v.  Clary,  8  Mass.,  72,  and  other  authorities.) 

NOTE. — It  would  seem  that  Congress  recognized  the  force  of  the  decision  in 
Sinks  v.  Reese,  supra,  by  the  passage  of  an  Act  approved  January  21,  1871, 
wherein  jurisdiction  was  ceded  to  the  State  of  Ohio  and  relinquished  by  the 
United  States  (16  Stat,  399).  But  see  In  re  O'Conner  (37  Wis.,  379)  and  In  re 
Kelly  (Circuit  Court  Eastern  Dist.  Wisconsin  Dec.  17,  1895),  where  jurisdiction 
having  been  ceded  by  the  State  Legislature  of  Wisconsin  in  almost  the  same 
language,  it  was  held,  that  the  criminal  laws  of  the  United  States  which  apply 
only  to  places  within  their  exclusive  jurisdiction  are  not  operative,  the  lands 
not  having  been  acquired  for  any  of  the  purposes  specified  in  the  Constitutional 
provision. 

Status  of  persons  residing  on  military  reservations. — The  House  of 
Representatives  of  Massachusetts  submitted  the  following  questions 
to  the  Justices  of  the  Supreme  Judicial  Court : 

1.  Are  persons  residing  on  lands  purchased  by,  or  ceded  to  the 
United   States,  for  navy-yards,   arsenals,  dock-yards,  forts,  light- 
houses, hospitals,  and  armories,  in  this  Commonwealth  entitled  to 
the  benefits  of  the  State  common  schools  for  their  children  in  the 
towns  where  such  lands  are  located? 

2.  Does  such  residence  exempt  such  persons  from  being  assessed 
for  their  polls  or  estate,  in  the  towns  in  which  such  places  are  located? 

3.  Will  such  residence  for  the  requisite  length  of  time  give  such 
persons  or  their  children  a  legal  inhabitancy  in  such  towns,  or  in  the 
Commonwealth  ? 

4.  Are  persons  so  residing  entitled  to  the  elective  franchise  in  such 
towns  ? 

The  Court  in  discussing  the  questions  say :  The  Constitution  of  the 
United  States,  Article  1,  Section  8,  provides  that  Congress  shall  have 
power  to  exercise  exclusive  legislation  in  all  cases  whatsover,  over  all 
places  purchased  by  the  consent  of  the  legislature  of  the  State  in 
which  the  same  shall  be  for  the  erection  of  forts,  magazines,  arsenals, 
dock-yards  and  other  needful  buildings.  The  jurisdiction  in  such 
cases  is  put  upon  the  same  grounds  as  that  of  the  district  ceded  to  the 
United  States  for  the  seat  of  government,  and,  unless  the  consent  of 
the  several  States  is  expressly  made  or  limited  by  the  act  of  cession, 
the  exclusive  power  of  legislation  implies  an  exclusive  jurisdiction; 
because  the  laws  of  the  several  States  no  longer  operate  within  those 
districts.  They  were  of  opinion  that  where  the  general  consent  of 
the  Commonwealth  is  given  to  the  purchase  of  territory  by  the  United 
States,  for  forts,  and  dock-yards,  and  where  there  is  no  other  con- 
12925°— 16 33 


512  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

dition  or  reservation  in  the  act  granting  such  consent,  but  that  of  a 
concurrent  jurisdiction  of  the  State  for  the  service  of  civil  process, 
and  criminal  process  against  persons  charged  with  crimes  committed 
out  of  such  territory — the  Government  of  the  United  States  have  the 
sole  and  exclusive  jurisdiction  over  such  territory,  for  all  purposes  of 
legislation  and  jurisprudence,  with  the  single  exception  expressed, 
and  consequently,  that  no  persons  are  amenable  to  the  laws  of  the 
Commonwealth  for  crimes  and  offences  committed  within  said  terri- 
tory, and  that  persons  residing  within  the  same  do  not  acquire  the  civil 
and  political  privileges  nor  do  they  become  subject  to  the  civil  duties 
and  obligations  of  inhabitants  of  the  towns  within  which  such  terri- 
tory is  situated.  The  Court,  applying  the  opinion  above  stated,  an- 
swered the  questions  categorically  as  follows: 

1.  We  are  of  opinion  that  persons  residing  on  lands  purchased  by, 
or  ceded  to,  the  United  States  for  navy-yards,  forts  and  arsenals, 
when  there  is  no  other  reservation  of  jurisdiction  to  the  State,  than 
that  above  mentioned,  are  not  entitled  to  the  benefits  of  the  common 
schools  for  their  children,  in  the  towns  in  which  such  lands  are  situ- 
ated. 

2.  We  are  of  opinion  that  such  residence  does  exempt  such  persons 
from  being  assessed  for  their  polls  and  estates  to  State,  county  and 
town  taxes  in  the  towns  where  such  places  are  situated. 

3.  Understanding  as  we  do,  by  the  terms  of  this  question,  that  the 
term  "  legal  inhabitancy  "  is  used  synonymously  with  "  legal  settle- 
ment," for  the  purpose  of  receiving  support  under  the  laws  of  this 
Commonwealth  for  the  relief  of  the  poor,  we  are  of  opinion  that  such 
residence,  for  any  length  of  time  will  not  give  such  persons  or  their 
children  a  legal  inhabitancy  in  such  town. 

4.  We  are  also  of  opinion  that  persons  residing  in  such  territory  do 
not  thereby  acquire  any  elective  franchise  as  inhabitants  of  the  towns 
in  which  such  territory  is  situated.     (See  1  Metcalf's  Rep.,  p.  580.) 

Defective  cession  of. — Where  a  State's  consent  to  the  purchase  of 
land  by  the  United  States  provides  that  the  State  shall  forever  retain 
concurrent  jurisdiction  over  any  such  place  to  the  extent  that  all  legal 
and  military  process  issued  under  the  authority  of  the  State  may  be 
executed  anywhere  on  such  place  or  in  any  building  thereon  or  any 
part  thereof,  and  that  any  offence  against  the  laws  of  the  State,  com- 
mitted on  such  place,  may  be  tried  and  punished  by  any  competent 
Court  or  Magistrate  of  the  State,  it  does  not  satisfy  the  provisions  of 
Section  355,  Revised  Statutes.  (Vol.  20,  p.  611,  Opins.  Attys.  Genl.) 

State  courts — Lands  owned  by  Federal  Government. — Constitution 
of  the  United  States,  Article  1,  Section  8,  clause  17,  providing  that 
"Congress  shall  have  power  to  exercise  exclusive  legislation  in  all 
cases  whatsoever  *  *  over  all  places  purchased  "  from  a  State, 

does  not  deprive  the  State  courts  of  jurisdiction  to  try  actions  arising 
from  civil  wrongs  committed  by  private  persons  in  such  places. — Mad- 
den v.  Arnold,  47  New  York  Supp.,  757. 

The  foregoing  case  of  Madden  v.  Arnold  is  discussed  by  General  G. 
Norman  Lieber,  Judge-Advocate-General,  United  States  Army,  in 
the  American  Law  Review  (Vol.  32,  No.  1,  January  and  February, 
1898),  in  the  following  article: 

Cession  of  Jurisdiction  by  States  to  the  United  States. — The  recent  case  of 
Madden  v.  Arnold,  in  the  appellate  division  of  the  Supreme  Court  of  New  York, 


APPENDIX.  513 

materially  helps  to  explain  the  relation  of  a  State  to  the  United  States  as  to 
its  jurisdiction  over  causes  of  action,  other  than  criminal,  arising  within  the 
territory  jurisdiction  over  which  has  been  ceded  by  it  to  the  United  States.  It 
is  only  within  recent  years  that  this  subject  has  been  placed  in  its  true  light, 
the  leading  case  being  Fort  Leavenworth  R.  R.  Co.  v.  Lowe  (114  U.  S.,  539). 
This  case  was  followed  by  Chicago  and  Pacific  Ry.  Co.  v.  McGlinn  (114  U.  S., 
549),  Benson  v.  U.  S.  (146  U.  S.,  331),  In  re  Kelly  (71  Fed.  Rep.,  545),  In  re 
Ladd  (74  Fed.  Rep.,  31),  Palmer  v.  Barrets  (162  U.  S.,  399),  and  now  by  Madden 
v.  Arnold  (47  N.  Y.  Suppl.,  757). 

By  the  Constitution,  the  United  States  are  invested  with  the  power  of  exclusive 
legislation  (jurisdiction)  over  all  places  purchased  by  the  consent  of  the  State  in 
which  they  are,  for  the  erection  of  forts,  magazines,  arsenals,  dock-yards,  and 
other  needful  buildings.  When  a  place  is  purchased  with  the  consent  of  the  State, 
for  one  of  the  specified  purposes,  this  carries  jurisdiction  with  it.  Precisely 
what  would  be  included  under  the  head  of  "other  needful  buildings"  is  not  clear, 
but  it  would  seem  that  originally  buildings  of  the  same  character  as  those 
mentioned  were  intended — that  is,  buildings  for  military  or  defensive  purposes. 
(Story  Const,  Sec.  1224.)  There  could  not  be  coupled  with  such  a  consent  to 
purchase,  a  condition  which  would  be  inconsistent  with  the  exclusive  jurisdiction 
of  the  United  States. 

But  when  jurisdiction  over  territory  in  a  State  is  obtained,  not  by  the  pur- 
chase with  consent,  but  by  express  cession  of  jurisdiction,  this,  being  different 
from  the  constitutional  method,  may  be  accompanied  with  conditions,  even 
though  the  territory  be  acquired  for  one  of  the  purposes  mentioned.  (Fort 
Leavenworth  R.  R.  Co.  v.  Lowe,  114  U.  S.,  539;  Benson  v.  U.  S.,  146  U.  S.,  331.) 

Madden  v.  Arnold  makes  clear  the  right  of  the  States  to  try  actions  arising 
from  civil  wrongs  committed  by  private  persons  in  such  places  In  this  case 
the  plaintiff  sought  to  recover  damages  against  the  defendant  for  injuries  in- 
flicted on  him  by  a  vicious  dog,  on  land  purchased  by  the  United  States,  and 
over  which  the  legislature  of  New  York  had  ceded  jurisdiction,  for  the  purpose 
of  erecting  and  maintaining  thereon  an  arsenal,  magazine,  dock-yards,  and  other 
necessary  buildings;  reserving  to  the  State  concurrent  jurisdiction  with  the 
United  States  so  far  as,  that  civil  process  in  all  cases,  and  such  criminal  process 
as  might  be  issued  under  authority  of  the  State  of  New  York  against  any  per- 
son charged  with  crimes  committed  without  the  ceded  district,  might  be  executed 
therein.  It  was  urged  by  the  defendant  that  the  State  court  had  no  jurisdiction, 
in  an  action  for  damages  for  an  injury  sustained  within  the  territory  purchased 
by  the  United  States,  and  jurisdiction  over  which  had  been  ceded  by  the  State 
under  the  provisions  of  article  1,  section  8,  clause  17,  of  the  national  constitution. 

The  court  (the  Supreme  Court  of  New  York,  appellate  division)  holds  that 
Congress  has  the  power  to  provide  by  statute  for  the  enforcement  of  civil  rights 
in  such  ceded  territory,  and  for  the  recovery  of  damages  for  injuries  sustained 
therein,  in  civil  actions ;  but  that  the  question  for  it  to  decide  was  whether,  in 
the  absence  of  such  legislation,  the  courts  of  New  York  are  deprived  of  juris- 
diction for  an  injury  to  a  citizen,  such  as  the  plaintiff  sustained,  committed 
within  the  State,  in  territory  over  which  jurisdiction  had  thus  been  ceded  to  the 
United  States.  The  place  where  the  plaintiff  was  injured  was  acquired  by  the 
United  States,  by  purchase,  for  the  purpose  of  an  arsenal,  and  ever  since  has 
been  used  as  such  and  the  State  of  New  York  ceded  exclusive  jurisdiction  over 
the  territory  to  the  United  States.  Hence,  under  the  provisions  of  the  national 
constitution,  Congress  has  power  to  exercise  exclusive  legislation  therein  in  all 
cases  whatsoever.  (The  court  evidently  regarded  the  purchase,  together  with  the 
cession  of  jurisdiction,  in  this  case,  as  amounting  to  a  purchase  with  the  consent 
of  the  State,  under  the  terms  of  the  Constitution. )  But,  say  the  court,  although 
the  injury  to  recover  damages  for  which  the  plaintiff  brought  the  action  was  sus- 
tained on  land  over  which  the  national  government  had  exclusive  jurisdiction, 
it  had  no  more  exclusive  jurisdiction  over  such  territory  than  the  respective 
legislatures  of  the  neighboring  States  of  Massachusetts,  Pennsylvania,  or  Ohio 
have  over  their  respective  territories,  and  had  the  injury  occurred  within  the 
limits  of  either  of  said  States  an  action  could  have  been  maintained  in  the 
Supreme  Court  of  New  York  to  recover  damages  therefor.  If  an  action  can  be 
maintained  in  the  courts  of  New  York  by  a  citizen  thereof,  for  a  personal  injury 
suffered  in  another  State  or  country,  there  is  no  good  reason  why  such  an  action 
can  not  be  maintained  when  the  injury  was  committed  in  the  State  of  New  York, 
on  land,  jurisdiction  over  which  had  been  ceded  to  the  United  States.  Assuming 
that  the  place  where  the  plaintiff  was  injured,  being  within  the  exclusive  juris- 
diction of  the  United  States,  was  in  fact  like  a  foreign  territory,  not  within  any 


514  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

jurisdiction  of  the  State  of  New  York,  the  plaintiff  might  maintain  an  action  for 
a  personal  injury  sustained  in  such  place. 

This  decision  shows  the  necessity  of  distinguishing  between  criminal  and  civil 
actions  in  the  matter  of  cession  of  jurisdiction,  the  one  being  territorial  and  the 
other  nonterritorial  as  to  the  cause  of  action,  so  far  as  relates  to  jurisdiction.  Ces- 
sions of  jurisdiction  from  the  State  to  the  United  States,  in  language  like  that 
used  in  the  Fort  Leavenworth  cession,  are  misleading,  the  language  referred  to 
being  03  follows :  "  Saving,  however,  to  the  said  State  the  right  to  serve  civil 
or  criminal  process  within  said  Reservation,  in  suits  or  prosecutions  for  or  on 
account  of  rights  acquired,  obligations  incurred,  or  crimes  committed  in  said 
State,  but  outside  of  said  cession  and  reservation."  This  places  the  civil  action 
on  the  same  footing  with  the  criminal  action,  for  which  there  appears  to  be  no 
reason. 

It  would  seem,  indeed,  that  we  have  been  quite  misled  as  to  the  necessity  of 
cession  of  jurisdiction  to  the  United  States.  The  constitutional  provision, 
Article  I,  Section  8,  clause  17,  was  apparently  adopted  with  the  understanding 
that  the  United  States  could  not  acquire  land  in  a  State  without  the  consent  of 
the  State.  It  would  seem  to  have  been  the  opinion  of  the  framers  of  the  constitu- 
tion, said  Justice  Field  in  the  Fort  Leavenworth  Railroad  case,  that  without 
the  consent  of  the  States,  the  new  government  would  not  be  able  to  acquire 
lands  within  them;  and  therefore  it  was  provided  that,  when  it  might  require 
such  lands  for  the  erection  of  forts  and  other  buildings  for  the  defense  of  the 
country,  or  the  discharge  of  other  duties  devolving  upon  it,  and  the  consent  of 
the  State  in  which  they  were  situated  was  obtained  for  their  acquisition,  such 
consent  should  carry  with  it  political  dominion  and  legislative  authority  over 
them. 

Whatever  we  may  think  of  the  sufficiency  of  the  reason  for  placing  forts  and 
other  buildings  for  the  defense  of  the  country  under  the  exclusive  jurisdiction  of 
the  United  States,  when  we  consider  that  the  instrumentalities  of  the  govern- 
ment of  the  United  States  are  free  from  control  by  any  State  authority,  there 
would  seem  to  be  no  good  reason  for  extending  the  constitutional  provision 
beyond  the  apparent  meaning  of  its  language.  The  Fort  Leavenworth  Kail  road 
case  is  authority  for  holding  that  when  jurisdiction  is  acquired  by  the  United 
States  by  cession,  and  not  by  purchase  with  consent,  the  cession  may  be  accom- 
panied with  reservations  of  jurisdiction,  even  though  the  territory  be  used  as  a 
military  post  or  fort.  In  that  case  there  was  a  reservation  of  the  right  to  tax 
railroad,  bridge,  and  other  corporations,  their  franchises  and  property. 

Section  355  of  the  Revised  Statutes  prescribes  that  no  public  money  shall  be 
expended  upon  any  site  or  land  purchased  by  the  United  States  for  the  purpose 
of  erecting  thereon  any  armory,  arsenal,  fort,  fortification,  navy-yard,  custom- 
house, light-house,  or  other  building  of  any  kind  whatever,  until  the  consent  of 
the  State  in  which  the  land  or  site  may  be  to  such  purchase  lias  been  given. 
Under  this  section  money  can  not  be  expended  on  structures  for  river  and 
harbor  improvement  even,  until  jurisdiction  over  the  site  has  been  obtained  by  the 
United  States;  for  it  is  held  that  what  is  here  meant  is  that  there  must  be  a 
cession  of  jurisdiction.  This  certainly  is  carrying  the  matter  to  an  extreme. 
What  good  reason  can  be  given  for  it?  The  instrumentalities  of  the  govern- 
ment of  the  United  States  can  not  be  interfered  with.  Why,  then,  take  from  the 
jurisdiction  of  the  States  those  numerous  localities  within  their  limits? 

How  long  and  for  what  purposes  the  municipal  laws  of  the  State 
continue  in  force  after  cession  of  jurisdiction  to  the  United  States. — 
It  is  a  general  rule  of  public  law,  recognized  and  acted  upon  by  the 
United  States,  that  whenever  political  jurisdiction  and  legislative 
power  over  any  territory  are  transferred  from  one  nation  or  sovereign 
to  another,  the  municipal  laws  of  the  country,  that  is,  laws  which  are 
intended  for  the  protection  of  private  rights,  continue  in  force  until 
abrogated  or  changed  by  the  new  government  or  sovereign.  By  the 
cession  public  property  passes  from  one  government  to  the  other,  but 
private  property  remains  as  before,  and  with  it  those  municipal  laws 
which  are  designed  to  secure  its  peaceful  use  and  enjoyment.  As  a 
matter  of  course,  all  laws,  ordinances,  and  regulations  in  conflict  with 
the  political  character,  institutions,  and  constitution  of  the  new  gov- 
ernment are  at  once  displaced.  Thus  upon  a  cession  of  political  juris- 


APPENDIX.  515 

diction  and  legislative  power — and  the  latter  is  involved  in  the 
former — to  the  United  States,  the  laws  of  the  country  in  support  of 
an  established  religion,  or  abridging  the  freedom  of  the  press,  or 
authorizing  cruel  and  unusual  punishments,  and  the  like,  would  at 
once  cease  to  be  of  obligatory  force  without  any  declaration  to  that 
effect;  and  the  laws  of  the  country  on  other  subjects  would  neces- 
sarily be  superseded  by  existing  laws  of  the  new  government  upon 
the  same  matters.  But  with  respect  to  other  lawys  affecting  the  pps- 
session,  use  and  transfer  of  property,  and  designed  to  secure  good 
order  and  peace  in  the  community,  and  promote  its  health  and  pros- 
perity, which  are  strictly  of  a  municipal  character,  the  rule  is  gen- 
eral, that  a  change  of  government  leaves  them  in  force  until,  by 
direct  action  of  the  new  government,  they  are  altered  or  repealed. 
(Chicago  and  Pacific  Railway  Company  v.  McGlinn,  114  U.  S.  Rep., 
542.  See  also  The  American  Insurance  Co.  v.  Canter,  1  Pet.,  542.) 

Effect  of  qaulified  cession  of  jurisdiction  by  State. — Where  a  State 
statute,  in  consenting  to  the  purchase  by  the  United  States  of  land 
within  the  State  and  ceding  to  the  United  States  jurisdiction  over  the 
same,  added  that  such  jurisdiction  should  be  exercised  "  concurrently 
with  "  the  State,  Held,  that  this  qualification  was  subject  to  the  objec- 
tion that  it  amounted  to  more  than  the  mere  reservation  (not  un fre- 
quent,) of  the  right  to  serve  upon  the  land  legal  process  for  crimes 
committed  outside  of  the  same,  and  should  therefore  be  regarded  as 
inconsistent  with  a  grant  of  exclusive  jurisdiction  to  the  United  States 
over  such  land;  (citing  United  States  v.  Cornell,  2  Mason,  60;  United 
States  v.  Davis,  5  Id.,  356;  6  Opins.  Attys.  Genl.,  578;  7  Id.,  634;  8 
Id.,  30,  102,  417;  20  Id.,  242,  298,  611),  further  that  it  so  far  qualified 
the  consent  given  to  the  purchase  as  to  make  it  at  least  doubtful 
whether,  in  view  of  the  provisions  of  Section  355,  Revised  Statutes, 
the  Secretary  of  War  would  be  authorized  to  expend  an  appropria- 
tion which  had  been  made  by  Congress  for  the  erection  of  public 
buildings  on  the  land.  (Dig.  of  Opin.  J.  A.  G.,  1912,  p.  935  (2).) 

Effect  of  reserving  right  to  execute  process  within  and  upon  lands. — 
But  where  a  State  statute,  in  ceding  jurisdiction  to  the  United  States 
over  certain  lands  purchased  within  the  State  by  the  authority  of 
Congress  as  sites  for  public  structures,  added  "  But  the  State  reserves 
the  right  to  execute  process  lawfully  issued  under  its  authority  within 
and  upon  said  sites,"  etc.,  advised  that  such  reservation  might  prop- 
erly be  regarded  as  having  the  same  effect  as  that  indicated  by 
Attorney-General  Gushing  in  8  Opinions,  387,  viz.,  as  reserving 
merely  the  right  to  serve  process  within  the  lands  for  crimes  com- 
mitted without  the  same  (so  as  to  prevent  them  from  becoming  an 
asylum  for  fugitives  from  justice),  and  that  the  cession  might  there- 
fore properly  be  accepted  as  sufficiently  vesting  in  the  United  States 
the  exclusive  jurisdiction  over  the  premises  contemplated  by  the  Con- 
stitution. (Ibid.,  p;  935,  (1).) 

Effect  of  reservation  ~by  Congress  upon  admitting  Territory  as  a 
State. — When  an  act  admitting  a  State  into  the  Union,  or  organizing 
a  Territorial  government,  provides  that  the  lands  in  possession  of  an 
Indian  tribe  shall  not  be  a  part  of  such  State  or  Territory,  the  new 
government  has  no  jurisdiction  over  them.  (Langford  v.  Monteith, 
102  U.  S.,  145.)  For  an  example  of  such  a  reservation  on  the  part  of 
Congress  in  the  admission  of  a  State  into  the  Union,  see  the  act  of 
July  10,  1890,  (26  Stat,,  222),  admitting  the  State  of  Wyoming. 


516  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

"  Cession  of  jurisdiction "  and  a  "  consent  to  purchase"  effect  of 
each — Consent  to  purchase  coupled  with  inconsistent  condition  can 
not  legally  be  accepted  by  the  United  States. — A  cession  of  jurisdic- 
tion by  a  State  to  the  United  States  may  be  qualified  or  conditional, 
and  cedes  only  so  much  as  is  specifically  expressed.  (Citing  Fort 
Leavenworth  R.  R.  Co.  v.  Lowe,  144  U.  S.,  525.)  But  a  consent  to 
purchase,  as  the  term  is  intended  in  the  constitutional  provision  (Art. 
1,  Sec.  8,  cl.  17),  conveys  the  whole  or  an  exclusive  jurisdiction.  So, 
where  a  State  legislature  in  giving  the  consent  to  a  purchase  for  a 
constitutional  purpose,  couples  with  it  a  condition  or  qualification 
inconsistent  with  the  possession  of  an  exclusive  jurisdiction  by  the 
United  States, — as  a  condition  that  the  State  shall  retain  the  same 
civil  and  criminal  jurisdiction  over  persons  and  their  property  on  the 
land  that  it  has  over  other  persons  and  property  in  the  State — or 
shall  retain  the  right  to  tax  persons  living  on  the  land  and  their 
property, — Held,  that  the  jurisdiction  is  not  such  as  is  designed  by  the 
Constitution  and  can  not  legally  be  accepted  by  the  United  States. 
(Dig.  Opin.  J.  A.  G.,  1912,  p.  934,  E  la;  citing  Vol.  8,  Opins.  Attys. 
GenL,  121.) 

Jurisdiction  vested  in  the  United  States  l>y  an  Act  of  Cession  of  a 
State  legislature  can  not  be  affected  or  further  limited  without  the 
consent  of  the  United  States  by  a  subsequent  act  of  the  legislature  of 
said  State. — An  act  of  the  legislature  of  a  State  ceding  to  the  United 
States  the  jurisdiction  of  the  State  over  a  tract  of  land  used  as  a 
military  reservation,  upon  condition  that  such  jurisdiction  shall  con- 
tinue only  so  long  as  the  United  States  shall  own  and  occupy  such 
reservation;  that  the  State  shall  have  the  right,  within  the  reser- 
vation, to  serve  civil  process,  and  to  execute  criminal  process  against 
persons  charged  with  crime  committed  within  the  State;  and  that 
roads  may  be  opened  and  kept  in  repair  within  such  reservation, 
cedes  to  the  United  States  the  entire  political  jurisdiction  of  the 
State  over  the  place  in  question,  including  judicial  and  legislative 
jurisdiction,  except  as  to  service  of  process  and  opening  roads,  and 
the  same  can  not  be  affected  or  further  limited,  without  the  consent 
of  the  United  States,  by  a  subsequent  act  of  the  State  legislature  at- 
tempting to  impose  additional  restrictions  on  the  jurisdiction  ceded. 
(In  re  Ladd,  74  Fed.  Rep.,  31.) 

Recession  of  jurisdiction  not  necessary  when  military  reservation 
abandoned. — Held,  that  there  was  no  occasion  for  a  statutory  provi- 
sion ceding  back,  or  requiring  the  ceding  back  of  jurisdiction,  by  the 
United  States,  to  the  State,  when  a  military  reservation  was  aban- 
doned and  turned  over  to  the  Interior  Department  under  the  Act  of 
July  5,  1884.  Such  provision  has  sometimes  appeared,  as  in  the  Act 
of  Congress  of  March  3,  1819,  ("  authorizing  the  sale  of  certain  mili- 
tary sites"),  as  also  in  some  of  the  State  Acts  ceding  jurisdiction, 
in  which  the  grant  is  expressly  limited  to  the  period  during  which 
the  premises  may  be  held  for  public  uses  by  the  United  States.  But 
such  provisions  are  deemed  unnecessary,  the  jurisdiction  ceasing  of 
itself  with  the  use  and  occupation  of  the  land  for  the  purposes  for 
which  it  was  granted.  It  is  believed  to  be  clearly  inferable  from  the 
clause  on  the  subject  in  the  Constitution,  (Art.  1,  Sec.  8,  cl.  17),  that 
the  State  relinquishes  its  jurisdiction  only  for  such  terms  as  the  par- 
ticular status  subsists  in  contemplation  of  which  it  was  ceded. 
(Dig.  Opin.  J.  A.  G.,  1912,  p.  934,  Dl.) 


APPENDIX.  517 

TAXATION. 

State  can  not  assume  powers  conferred  upon  Congress  "by  the  Con- 
stitution.— Neither  the  unlimited  powers  of  a  State  to  tax,  nor  any 
of  its  large  police  powers,  can  be  exercised  tc  such  an  extent  as  to 
work  a  practical  assumption  of  the  powers  properly  conferred  upon 
Congress  by  the  Constitution.  (Railroad  Company  v.  Husen,  95 
U.  S.,  465.) 

Property  of  the  United  States  exempt  from  State  taxation. — No 
State  has  the  power  to  tax  the  property  of  the  United  States  within 
its  limits.  (Wisconsin  Railroad  Company  v.  Price  County,  133  U.  S., 
496.)  Property  of  the  United  States  is  exempt  by  the  Constitution 
of  the  United  States  from  taxation  under  the  authority  of  a  State. 
(Van  Brocklin  et  al.  v.  State  of  Tennessee  et  al.,  117  U.  S.,  151.) 

Lands  purchased  ~by  United  States  at  tax  sale  exempt  while  held 
'by  the  United  States. — Lands  in  a  State  which,  pursuant  to  acts  of 
Congress  for  the  laying  and  collecting  of  direct  taxes,  is  sold,  struck 
off  and  purchased  by  the  United  States  for  the  amount  of  the  tax 
thereon,  and  is  afterwards  sold  by  the  United  States  for  a  larger  sum, 
or  redeemed  by  the  former  owner,  is  exempt  from  taxation  by  the 
State,  while  so  owned  by  the  United  States;  and  for  nonpayment  of 
taxes  assessed  by  the  State  during  that  time,  can  not  be  sold  after- 
wards. (Ibid.) 

Lands  of  United  States  can  not  l>e  taxed  without  their  consent. — 
Whether  the  property  of  the  United  States  shall  be  taxed  under  the 
laws  of  a  State  depends  upon  the  will  of  its  owner,  the  United  States, 
and  no  State  can  tax  the  property  of  the  United  States  without  their 
consent.  (Ibid.) 

Federal  property. — Property,  the  title  of  which  is  held  by  the 
United  States,  for  whatever  purpose,  is  exempt  from  State  taxation 
while  so  held.  (People  ex  rel.  McCrea  v.  The  United  States,  etc., 
93  111.,  30.) 

Levy  l>y  State  of  tax  upon  all  real  estate  does  not  include  that  of 
the  United  States  within  its  limits. — An  act  of  a  State  legislature 
laying  a  tax  on  all  real  estate,  to  wit,  on  various  sorts  of  real  estate 
specified  by  the  act,  and  as  such  shown  to  be  private  property,  does 
not  include  property  of  any  sort  of  the  United  States  within  its  ter- 
ritory. (United  States  v.  Weise,  28  Fed.  Cases,  p.  518.  See,  also, 
Van  Brocklin  v.  Tennessee,  117,  U.  S.,  151.) 

Same. — The  general  words  of  a  statute  do  not  include  the  govern- 
ment or  affect  its  rights,  unless  such  purpose  be  clear  and  indisputable 
on  the  face  of  the  act.  (The  United  States  v.  Griswold,  5  Saw- 
yer, 25.) 

Effect  of  reservation  ~by  State  of  right  to  tax  private  property  in 
territory  wherein  jurisdiction  is  ceded  to  the  United  States. — When  a 
State,  in  ceding  to  the  United  States  exclusive  jurisdiction  over  a 
tract  of  land  within  its  limits,  reserves  to  itself  the  right  to  tax 
private  property  therein,  and  the  United  States  do  not  dissent,  the 
property  and  franchises  of  a  railroad  therein  are  liable  to  taxation 
by  the  State.  (Fort  Leavenworth  R.  R.  Co.  v.  Lowe,  114  U.  S. 
Rep.,  525.) 

Persons  residing  on  military  reservations  exempt  from  State, 
county  and  town  tax. — Persons  residing  upon  military  reservations 
are  exempt  from  the  payment  of  State,  County  and  town  taxes  and 


518  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

therefore  are  not  entitled  to  the  benefits  arising  therefrom.  (Vol.  6, 
p.  577,  Opins.  Attys.  Genl.  See  1  Metcalf,  580.) 

Power  of  taxation  by  States  restrained  when  incompatible  with  and 
repugnant  to  the  constitutional  laws  of  the  Union. — That  the  power 
of  taxation  is  one  of  vital  importance;  that  it  is  retained  by  the 
States;  that  it  is  not  abridged  by  the  grant  of  a  similar  power  to  the 
government  of  the  Union ;  that  it  is  to  be  concurrently  exercised  by 
the  two  governments ;  are  truths  which  have  never  been  denied.  But, 
such  is  the  paramount  character  of  the  Constitution,  that  its  capacity 
to  withdraw  any  subject  from  the  action  of  even  this  power  is  ad- 
mitted. The  States  are  expressly  forbidden  to  lay  any  duties  on 
imports  or  exports,  except  what  may  be  absolutely  necessary  for  exe- 
cuting their  inspection  laws.  If  the  obligation  of  this  prohibition 
must  be  conceded — if  it  may  restrain  a  State  from  the  exercise  of  its 
taxing  power  on  imports  and  exports,  the  same  paramount  character 
would  seem  to  restrain,  as  it  certainly  may  restrain,  a  State  from  such 
other  exercise  of  this  power,  as  is  in  its  nature  incompatible  with,  and 
repugnant  to,  the  Constitutional  laws  of  the  Union.  A  law,  abso- 
lutely repugnant  to  another,  as  entirely  repeals  that  other  as  if 
express  terms  of  repeal  were  used.  (McCulloch  v.  Maryland,  4 
Wheat,  316,  425.) 

State  controlled  by  the  Constitution  of  the  United  States  in  article 
of  taxation. — The  sovereignty  of  the  State,  in  the  article  of  taxation 
itself,  is  subordinate  to,  and  may  be  controlled  by,  the  Constitution  of 
the  United  States.  How  far  it  has  been  controlled  by  that  instru- 
ment, must  be  a  question  of  construction.  In  making  this  construc- 
tion, no  principle  not  declared,  can  be  admissible  which  would  defeat 
the  legitimate  operations  of  a  supreme  government.  It  is  of  the  very 
essence  of  supremacy  to  remove  all  obstacles  to  its  action  within  its 
own  sphere,  and  so  to  modify  every  power  vested  in  subordinate  gov- 
ernments, as  to  exempt  its  own  operations  from  their  own  influence. 
This  effect  need  not  be  stated  in  terms.  It  is  involved  in  the  decla- 
ration of  supremacy,  so  necessarily  implied  in  it,  that  the  expression 
of  it  could  not  make  it  more  certain.  ( Ibid. ) 

States  can  not  tax  the  instrumentalities  of  the  General  Govern- 
ment.— If  the  States  may  tax  one  instrument  employed  by  the  gov- 
ernment in  the  execution  of  its  powers,  they  may  tax  any  and  every 
other  instrument.  They  may  tax  the  mail;  they  may  tax  the  mint; 
they  may  tax  patent  rights;  they  may  tax  the  papers  of  the  custom- 
house; they  may  tax  judicial  processes;  they  may  tax  all  the  means 
employed  by  the  government,  to  an  excess  which  would  defeat  all  the 
ends  of  government.  This  was  not  intended  by  the  American  peo- 
ple. They  did  not  design  to  make  this  government  dependent  on  the 
States.  (Ibid.) 

A  question  of  supremacy. — If  the  controlling  power  of  the  States 
be  established;  if  their  supremacy  as  to  taxation  be  acknowledged; 
what  is  to  restrain  their  exercising  this  control  in  any  shape  they 
may  please  to  give  it?  Their  sovereignty  is  not  confined  to  taxa- 
tion. That  is  not  the  only  mode  in  which  it  might  be  displayed. 
The  question  is,  in  truth,  a"  question  of  supremacy ;  and  if  the  right 
of  the  States  to  tax  the  means  employed  by  the  general  government 
be  conceded,  the  declaration  that  the  Constitution  and  the  laws  made 
in  pursuance  thereof,  shall  be  the  supreme  law  of  the  land  is  empty 
«,nd  unmeaning.  (Ibid.) 


APPENDIX.  519 

General  power  of  taxation  conferred  upon  the  General  Govern- 
ment— Power  exercised  by  the  people  of  the  States  and  ~by  the  States 
in  Congress. — The  people  of  all  the  States  have  created  the  general 
government,  and  have  conferred  upon  it  the  general  power  of  taxa- 
tion. The  people  of  all  the  States,  and  the  States  themselves,  are 
represented  in  Congress,  and,  by  their  representatives,  exercise  this 
power..  When  they  tax  the  chartered  institutions  of  the  States  they 
tax  their  constituents ;  and  these  taxes  must  be  uniform.  But,  when 
a  State  taxes  the  operations  of  the  government  of  the  United  States, 
it  acts  upon  institutions  created,  not  by  their  own  constituents,  but 
by  people  over  whom  they  claim  no  control.  It  acts  upon  the  meas- 
ures of  a  government  created  by  others  as  well  as  themselves,  for  the 
benefit  of  others  in  common  with  themselves.  The  difference  is  that 
which  always  exists,  and  always  must  exist,  between  the  action  of  the 
whole  on  a  part  and  the  action  of  a  part  on  the  whole — between  the 
laws  of  a  government  declared  to  be  supreme,  and  those  of  a  govern- 
ment which,  when  in  opposition  to  those  laws,  is  not  supreme.  (Ibid,, 
See  also  Osborn  et  al.  v.  The  United  States  Bank,  9  Wheat.,  738; 
Providence  Bank  v.  Billings,  4  Pet.,  514,  and  Weston  v.  The  City 
Council  of  Charleston,  2  Pet.,  449.) 

Power  of  State  does  not  extend  to  means  employed  ~by  Congress  to 
^arry  into  execution  powers  conferred  upon  it. — All  subjects  over 
which  the  sovereign  power  of  a  State  extend  are  objects  of  taxation ; 
but  those  over  which  it  does  not  extend  are,  upon  the  soundest  prin- 
ciples, exempt  from  taxation.  The  sovereignty  of  a  State  extends  to 
everything  which  exists  by  its  own  authority,  or  is  introduced  by  its 
permission,  but  not  to  those  means  which  are  employed  by  Congress 
to  carry  into  execution  powers  conferred  on  that  body  by  the  people 
of  the  United  States.  The  attempt  to  use  the  power  of  taxation  on 
the  means  employed  by  the  government  of  the  Union  in  pursuance  of 
the  Constitution,  is  itself  an  abuse,  because  it  is  the  usurpation  of  a 
power  which  the  people  of  a  single  State  can  not  give.  (Weston  v. 
The  City  Council  of  Charleston,  2  Pet.,  449;  citing  McCulloch  v. 
Maryland,  4  Wheat.,  316.) 

Same. — The  State  has  no  power,  by  taxation,  or  otherwise,  to 
retard,  impede,  burden,  or  in  any  manner  control  the  operation  of  the 
constitutional  laws  enacted  by  Congress,  to  carry  into  execution  the 
powers  vested  in  the  general  government.  (Ibid.) 

Exemption  of  agencies  of  Federal  Government  depends  upon  effect 
of  tax — A  tax  upon  their  operations  can  not  be  upheld. — The  exemp- 
tion of  agencies  of  the  Federal  Government  from  taxation  by  the 
States  is  dependent,  not  upon  the  nature  of  the  agents  nor  upon  the 
mode  of  their  constitution,  nor  upon  the  fact  that  they  are  agents,  but 
upon  the  effect  of  the  tax ;  that  is,  upon  the  question  whether  the  tax 
does  in  truth  deprive  them  of  power  to  serve  the  government  as  they 
were  inclined  to  serve  it,  or  hinder  the  efficient  exercise  of  their  power. 
A  tax  upon  their  property  merely,  having  no  such  necessary  effect, 
and  leaving  them  free  to  discharge  the  duties  they  have  undertaken  to 
perform,  may  be  rightfully  laid  by  the  State.  A  tax  upon  their 
operations,  being  a  direct  obstruction  to  the  exercise  of  Federal 
powers,  may  not  be.  (Railroad  Company  v.  Peniston,  18  Wall.,  5.) 

When  State  taxation  upheld. — All  State  taxation  which  does  not 
impair  the  agent's  efficiency  in  the  discharge  of  his  duties  to  the  gov- 
ernment has  been  sustained  when  challenged,  and  a  tax  upon  his 


520  UNITED   STATES    MILITARY   RESERVATIONS,  ETC. 

property  generally  has  not  been  regarded  as  beyond  the  power  of  a 
State  to  impose.  (Ibid.) 

An  incident  of  sovereignty — Right  of  legislation  co-extensive  with 
jurisdiction  of  State — Limitations  upon  that  right. — Taxation  is  a 
sacred  right,  essential  to  the  existence  of  government;  an  incident  of 
sovereignty.  The  right  of  legislation  is  co-extensive  with  the  incident, 
to  attach  it  upon  all  persons  and  property  within  the  jurisdiction 
of  a  State.  But  in  our  system  there  are  limitations  upon  that  right. 
There  is  a  concurrent  right  of  legislation  in  the  states  and  the  United 
States,  except  as  both  are  restrained  by  the  Constitution  of  the 
United  States.  Both  are  restrained  by  express  prohibitions  in  the 
Constitution,  and  the  states,  by  such  as  are  reciprocally  implied, 
when  the  exercise  of  the  right  by  a  state  conflicts  with  the  perfect  exe- 
cution of  another  sovereign  power  delegated  to  the  United  States. 
That  occurs  when  taxation  by  a  state  acts  upon  the  instruments,  and 
emoluments,  and  persons  which  the  United  States  may  use  and  employ 
as  necessary  and  proper  means  to  execute  their  sovereign  power.  The 
government  of  the  United  States  is  supreme  within  its  sphere  of 
action.  The  means  necessary  and  proper  to  carry  into  effect  the 
powers  in  the  Constitution  are  in  Congress.  (Dobbins  v.  Commis- 
sioners of  Erie  County,  16  Pet.,  435.) 

Law  of  State  imposing  a  tax  upon  an  office,  held  under  the  United 
States  invalid. — The  compensation  of  an  officer  of  the  United  States 
is  fixed  by  a  law  made  by  Congress.  It  is  in  its  exclusive  discretion 
to  declare  what  shall  be  given.  It  exercises  the  discretion  and  fixes 
the  amount ;  and  confers  upon  the  officer  the  right  to  receive  it  when  it 
has  been  earned.  Any  law  of  a  state  imposing  a  tax  upon  the  office, 
diminishing  the  recompense,  is  in  conflict  with  the  law  of  the  United 
States  which  secures  the  allowance  to  the  officer.  (Ibid.) 

Limitation  upon  power  of  State  to  tax — State  tax  laws  can  not  re- 
strain action  of  national  government. — All  subjects  over  which  the 
sovereign  power  of  a  state  extends  are,  as  a  general  rule,  proper  ob- 
jects of  taxation,  but  the  power  of  a  state  to  tax  does  not  extend  to 
those  means  which  are  employed  by  Congress  to  carry  into  execution 
the  powers  conferred  in  the  federal  Constitution.  (Citing  McCul- 
loch  v.  Maryland,  4  Wheat.,  429.)  Unquestionably  the  taxing  power 
of  the  states  is  very  comprehensive  and  pervading,  but  it  is  not  with- 
out limits.  State  tax  laws  can  not  restrain  the  action  of  the  national 
government,  nor  can  they  abridge  the  operation  of  any  law  which 
Congress  may  constitutionally  pass.  They  may  extend  to  every  ob- 
ject of  value  within  the  sovereignty  of  the  state,  but  they  can  not 
reach  the  administration  of  justice  in  the  Federal  Courts,  nor  the  col- 
lection of  the  public  revenue,  nor  interfere  with  any  constitution}!  I 
regulations  of  commerce.  (Society  for  Savings  v.  Coite,  6  Wall., 
594,  605;  citing  Brown  v.  Maryland,  12  Wheat.,  448;  Weston  et  al.  v. 
Charleston,  2  Pet.,  467.) 

Officer  or  soldier,  though  not  taxable  officially,  may  ~be  person- 
ally.— An  officer  or  soldier  of  the  army,  though  not  taxable  officially, 
may  be  and  often  is  taxable  personally.  He  is  not  taxable  by  a  state 
for  his  pay,  or  for  the  arms,  instruments,  uniform  clothing,  or  other 
property  pertaining  to  his  military  office  or  capacity,  but  as  to  house- 
hold furniture  and  other  personal  property,  not  military,  he  is  (ex- 
cept where  stationed  at  a  place  under  the  exclusive  jurisdiction  of 
the  United  States),  equally  subject  with  other  residents  or  inhabit- 


APPENDIX.  521 

ants  to  taxation  under  the  local  law.  (Dig.  Opin.  J.  A.  G.,  1912,  p. 
1021,  D.) 

Military  reservations — Not  liable  to  be  assessed  for  public  improve- 
ments.— In  ceding  to  the  United  States  exclusive  jurisdiction  over  a 
military  reservation,  the  act  of  the  legisltaure  of  the  State  need  not 
specifically  relinquish  the  right  to  tax,  as  the  State  independently 
of  any  act  of  cession  has  no  right  to  tax  the  means  or  instrumentalities 
whereby  the  government  of  the  United  States  performs  its  functions. 
And  this  includes  and  applies  to  a  municipality  within  the  State  as 
being  a  part  of  the  State  and  created  by  it.  So  held,  that  a  tax  levied 
by  the  city  of  Buffalo,  N.  Y.,  on'the  lands  of  the  Fort  Porter  military 
reservation,  for  non-payment  of  assessments,  or  otherwise,  was  wholly 
illegal  and  void.  Similarly  held,  that  the  city  authorities  of  High- 
land Park,  Illinois,  were  not  empowered  to  levy  on  the  Fort  Sheridan 
reservation  for  the  improvement  of  adjacent  lands  or  for  other  public 
improvements.  (Ibid.,  p.  1023  A.) 

Same. — When  the  absolute  title  to  property  remains  in  the  United 
States,  no  matter  for  what  purpose  it  is  acquired  or  held,  it  is  not  sub- 
ject to  State  or  Municipal  taxation.  (Am.  and  Engl.  Ency.  of  Law, 
Vol.  25,  p.  110,  and  cases  cited.) 

Execution  of  State  laws. — With  respect  to  land  owned  by  the 
United  States  within  the  limits  of  a  State,  over  which  the  State  has 
not  parted  with  its  jurisdiction,  the  United  States  stands  in  the  rela- 
tion of  a  proprietor  simply;  and  the  State  officers  have  the  same 
right  to  enter  upon  such  land,  or  into  the  buildings  located  there,  and 
seize  the  personal  property  of  individuals  for  non-payment  of  taxes 
thereon,  as  they  have  to  enter  upon  the  land  or  into  the  buildings  of 
any  other  proprietor  for  the  same  purpose ;  such  right  being  so  exer- 
cised as  not  to  interfere  with  the  operations  of  the  General  Govern- 
ment. (Vol.  14,  pp.  199,  200,  Opins.  Attys.  Genl.) 

TITLE. 

Authority  to  purchase  lands. — No  land  shall  be  purchased  on  ac- 
count of  the  United  States,  except  under  a  law  authorizing  such  pur- 
chase. (Sec.  3736,  U.  S.  Rev.  Stats.) 

The  United  States  may  acquire  title  to  land  when  taken  as  security 
for  debt.— The  seventh  section  of  the  act  of  May  1,  1820  (Sec.  3736 
R.  S.) ,  does  not  prevent  the  acquisition  of  the  legal  title  to  land  by  the 
United  States,  when  taken  as  security  for  a  debt  by  the  proper  officer, 
though  not  specially  required  or  authorized  by  any  particular  act  of 
Congress.  (Neilson  v.  Lagow,  12  Howard,  98.) 

Appropriation  of  funds  for  a  public  improvement  sufficient  author- 
ity for  the  purchase  of  the  land  necessary  therefor. — Section  3736, 
Revised  Statutes,  should  not  be  construed  to  apply  to  executed  con- 
tracts so  as  to  defeat  the  title  of  the  United  States  to  land  it  has  paid 
for,  and  an  act  authorizing  a  public  improvement  and  appropriating 
money  therefor  is  sufficient  authority  for  the  purchase  of  land  neces- 
sary or  proper  to  such  improvement.  (Burns  v.  U.  S.,  160  Fed. 
Rep.,  631.) 

The  United  States  may  receive  real  property  as  a  security  for  debt 
and  eventually  acquire  title  thereto. — The  United  States,  in  their 
political  capacity,  may  enter  into  contracts,  may  take  a  bond,  and  may 
receive  real  or  other  property  as  security  for  a  debt,  in  cases  not 


522  UNITED    STATES    MILITAKY    RESERVATIONS,  ETC. 

previously  provided  for  by  law.  This  power  exists  as  an  incident  to 
the  general  right  of  sovereignty;  and  the  government  being  a  body 
politic,  may,  within  the  sphere  of  the  constitutional  powers  confided 
to  it,  and  through  the  instrumentality  of  the  proper  department  to 
which  those  powers  are  confided,  enter  into  contracts  not  prohibited 
by  law,  and  appropriate  to  the  just  exercise  of  those  powers.  It  does 
not  require  legislation  to  empower  the  proper  department  to  act  in 
making  the  contract  >r  receiving  the  security ;  the  power  exists  as  an 
incident  to  sovereignty,  and  may  be  exercised  by  the  proper  depart- 
ment if  not  forbidden  by  legislation.  (Dikes  v.  Miller,  25  Texas 
Supp.,  281.  See  Dugan  v.  The  United  States,  3  Wheat.,  172;  The 
United  States  v.  Tingey,  5  Peters,  114;  The  United  States  v.  Bradley, 
10  Peters,  343;  The  United  States  v.  Levin,  15  Peters,  290;  Neilson  v. 
Lagow,  12  Howard,  107,  and  The  United  States  v.  Lane,  3  McLean, 
366.) 

Lands  acquired  ~by  the  United  States  for  a  particular  use. — A  grant 
of  land  for  a  particular  use  is  sometimes  held  to  constitute  a  qualified 
or  determinable  fee,  so  that  if  the  land  is  put  to  other  uses  it  reverts 
to  the  grantor ;  but  where  the  proposed  use  is  kept  up  the  grantor  can 
not  claim  the  property  under  his  right  of  reverter  because  it  is  also 
put  to  another  use,  "  unless  by  the  grant  the  use  is,  by  words  excluding 
any  other  use,  restricted  to  the  purpose  recited."  (See  leading  cases 
in  American  Law  of  Keal  Property,  vol  2,  pp.  24-27;  Dig.  Opin. 
J.  A.  G.,  1912,  p.  915-c  and  c-(l).) 

Reservation  for  public  purposes. — Decision  as  to  the  quantity  of 
land  to  be  reserved  for  public  use,  and  the  places  where  to  be  located, 
rests  in  the  discretion  of  the  President,  subject  to  such  regulations 
as  may  from  time  to  time  be  provided  by  law,  either  as  to  the  particu- 
lar use,  the  quantity,  or  the  subsequent  disposal  thereof  for  private 
use.  (Vol.  6,  p.  156,  Opins.  Attys.  Gen.)  "The  subsequent  disposal 
thereof  for  private  use  "  has  been  modified  by  acts  of  Congress,  par- 
ticularly the  act  approved  July  5, 1884,  which  reads  as  follows : 

That  whenever,  in  the  opinion  of  the  President  of  the  United  States,  the  lands, 
or  any  portion  of  them,  included  within  the  limits  of  any  military  reservation 
heretofore  or  hereafter  declared,  have  become  or  shall  become  useless  for  mili- 
tary purposes,  he  shall  cause  the  same  or  so  much  thereof  as  he  may  designate, 
to  be  placed  under  the  control  of  the  Secretary  of  the  Interior  for  disposition  as 
hereinafter  provided,  and  shall  cause  to  be  filed  with  the  Secretary  of  the  In- 
terior a  notice  thereof.  (Act  of  July  5,  1884;  23  Stats.,  103.) 

Lands  acquired  by  United  States^  for  public  purposes  are  not  public 
lands. — Lands  acquired  by  the  United  States  for  public  uses,  by  pur- 
chase with  the  consent  of  "the  States,  or  by  an  exercise  of  the  right  of 
eminent  domain,  are  not  public  lands,  that  term  applying  only  to 
"  such  lands  as  are  subject  to  sale  or  other  disposition  under  general 
laws."  (Newhall  v.  Sanger,  92  U.  S.,^761;  Vol.  5,  p.  578.  Opins. 
Attys.  Genl.)  The  power  over  the  public  lands  is  vested  in  Congress 
by  the  Constitution,  without  limitation,  and  is  the  foundation  upon 
which  the  territorial  government  rests.  (U.  S.  v.  Gratiot,  14  Pet., 
526.) 

Title  to  lands  purchased — When  money  can  be  expended — Duties 
of  officers. — No  public  moneys  shall  be  expended  upon  any  site  or 
land  purchased  by  the  United  States  for  the  purposes  of  erecting 
thereon  any  armory,  arsenal,  fort,  fortification,  navy-yard,  custom- 
house, light-house,  or  other  public  building  of  any  kind  whatever, 


APPENDIX.  523 

until  the  written  opinion  of  the  Attorney- General  shall  be  had  in 
favor  of  the  validity  of  the  title,  nor  until  the  consent  of  the  legisla- 
ture of  the  State  in  which  the  land  or  site  may  be,  to  such  purchase, 
has  been  given.  The  district  attorneys  of  the  United  States,  upon  the 
application  of  the  Attorney-General,  shall  furnish  any  assistance 
or  information  in  their  power  in  relation  to  the  titles  of  the  public 
property  lying  within  their  respective  districts.  And  the  Secretaries 
of  the  Departments,  upon  the  application  of  the  Attorney-General, 
shall  procure  any  additional  evidence  of  title  which  he  may  deem  nec- 
essary and  which  may  not  be  in  the  possession  of  the  Officers  of  the 
government,  and  the  expenses  of  procuring  it  shall  be  paid  out  of  the 
appropriations  made  for  the  contingencies  of  the  Departments  respec- 
tively. (Sec.  355,  U.  S.  Rev.  Stats.) 

Examination  of  land  titles. — Upon  this  subject  the  Hon.  Caleb 
Gushing  spoke  as  f ollowrs :  "  Morally  speaking,  professionally  speak- 
ing, officially  speaking,  when  the  Attorney- General  certifies  the  valid- 
ity of  a  title  he  warrants  it  to  the  Government.  He  does  not  warrant 
in  law,  as  he  does  a  piece  of  his  own  land  which  he  sells ;  but  he  war- 
rants in  honor  and  conscience.  It  is  upon  the  sole  faith  of  his  war- 
ranty, regardless  of  the  warrantors  in  the  deed,  that  the  government 
buys  the  land,  and  proceeds  to  expend,  it  may  be,  millions  of  the 
public  treasure,  in  the  construction  of  edifices  for  the  permanent  use 
of  the  United  States."  (Vol.  8,  p.  407  Opins.  Attys.  Genl.) 

Title  to  land  may  be  acquired  by  the  United  States  prior  to  consent 
of  State  to  the  purchase. — Section  355,  Revised  Statutes,  in  prohib- 
iting the  expenditure  of  public  money,  for  the  purposes  therein  men- 
tioned, before  the  consent  of  the  State  to  the  purchase  of  the  land  is 
obtained,  does  not  preclude  the  mere  purchase  itself.  The  land, 
therefore,  may  legally  be  paid  for,  and  the  title  thereto  acquired,  in 
the  absence  of  such  consent.  (Citing  Vol.  10,  p.  39,  Opins.  Attys. 
Genl.;  15  id.,  213.)  Neither  the  constitutional  provision  (Art.  1, 
Sec.  8,  cl.  IT)  nor  the  statute  (Sec.  355,  R.  S.)  precludes  the  United 
States  from  acquiring  the  title  to  the  land.  (Dig.  Opin.  J.  A.  G., 
1912,  p.  941,  2.) 

When  title  vests. — Title  to  lands  transferred  to  the  Government  by 
deed  vests  in  the  United  States  only  when  the  Attorney  General  ap- 
proves the  title  (Ryan  v.  United  States,  136  U.  S.,  86),  but  title  to 
land  acquired  by  condemnation  proceedings  "  does  not  vest  until  the 
amount  of  compensation  is  ultimately  fixed  and  made  to  the  owner." 
(Cherokee  Nation  v.  Kans.  Ry.  Co.,  135  U.  S.,  659.) 

Direct  tax  sale — Evidence  of  title — Certificate. — A  certificate 
signed  by  only  two  of  the  direct-tax  commissioners  appointed  under 
the  act  of  Congress  of  June  7,  1862,  that  land  charged  with  the  tax 
had  been  sold  "to  the  United  States  is  admissible  in  evidence  in  an 
action  brought  to  try  the  title  to  land.  It  is  error  to  rule  such  a  cer- 
tificate void.  The  act  of  Congress  contemplates  a  certificate  of  sale 
though  the  United  States  becomes  the  purchaser.  (Cooley  v.  O'Con- 
ner,  12  Wall.,  391.) 

Effect  of  certificate  as  evidence — How  affected. — Where  lands  have 
been  sold  for  an  unpaid  direct  tax,  the  tax-sale  certificate  is,  under 
the  act  of  February  6,  1863,  (12  Stat.,  640),  prima  facie  evidence 
not  only  of  a  regular  sale,  but  of  all  the  antecedent  facts  which  are 
essential  to  its  validity  and  to  that  of  the  purchaser's  title.  It  can 
only  be  affected  by  establishing  that  the  lands  were  not  subject  to  the 


524  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

tax,  or  that  it  had  been  paid  previously  to  the  sale,  or  that  they  have 
been  redeemed  according  to  the  provisions  of  the  act.  The  ruling  in 
Cooley  v.  O'Conner  (12  Wall.,  391),  that  the  act  of  Congress  contem- 
plates such  a  certificate  where  the  United  States  is  the  purchaser  reaf- 
firmed. (De  Treville  v.  Smalls,  98  U.  S.,  517.) 

Certificate  given  ~by  commissioner  prima  facie  evidence  of  regu- 
larity of  sale,  etc. — The  court  reaffirms  the  doctrine  in  De  Treville  v. 
Smalls  (98  U.  S.,  517) ,  that  the  certificate  given  by  the  commissioners 
to  the  purchaser  of  lands  at  a  sale  for  a  direct  tax,  under  the  act  of 
June  7,  1862,  (12  Stat,  422),  as  amended  by  the  act  of  February  6, 
1863,  (id.,  640),  is  prima  facie  evidence  of  the  regularity  of  the  sale 
and  of  all  the  antecedent  facts  essential  to  its  validity  and  to  that  of 
his  title  thereunder,  and  that  it  can  only  be  affected  by  establishing 
that  the  lands  were  not  subject  to  the  tax,  or  that  it  had  been  paid  pre- 
viously to  the  sale,  or  that  they  had  been  redeemed.  (Keeley  v.  San- 
ders, 99  U.  S.,  441;  the  rulings  in  above  case  and  in  De  Treville  v. 
Smalls  reaffirmed  in  Sherry  v.  McKinley,  99  U.  S.,  496). 

Sale  of  land  for  taxes  the  highest  exercise  of  sovereign  power — 
When  not  valid. — No  sale  of  land  for  taxes,  no  taxes  can  be  assessed 
on  any  property,  but  by  virtue  of  the  sovereign  authority  in  whose 
jurisdiction  it  is  done.  If  not  assessed  by  direct  act  of  the  legislature 
itself,  it  must,  to  be  valid,  be  done  under  authority  of  a  law  enacted 
by  such  legislature.  A  valid  sale,  therefore,  for  taxes,  being  the 
highest  exercise  of  sovereign  power  of  the  States,  must  carry  the  title 
to  the  property  sold,  and  if  it  does  not  do  this,  it  is  because  the  assess- 
ment is  void.  (Northern  Pacific  Railroad  Company  v.  Traill  County, 
115  U.  S.,  600.) 

Devise  of  lands  to  United  States  void  in  New  York. — The  several 
States  of  the  Union  possess  the  power  to  regulate  the  tenure  of  real 
property  within  their  respective  limits,  the  modes  of  its  acquisition 
and  transfer,  the  rules  of  its  descent,  and  the  extent  to  which  a  testa- 
mentary disposition  of  it  may  be  exercised  by  its  owners.  By  a 
Statute  of  New  York  a  devise  of  lands  in  that  State  can  only  be  made 
to  natural  persons  and  to  such  corporations  as  are  created  under  the 
laws  of  the  State  and  are  authorized  to  take  by  devise.  A  devise, 
therefore,  of  lands  in  that  State  to  the  government  of  the  United 
States  is  void.  (United  States  v.  Fox,  98  U.  S.  Rep.,  315.) 

The  right  of  the  State  of  New  York  under  the  reservation  in  the 
grant  of  lands  to  the  United  States  limited  by  the  purposes  of  the 
'grant. — Where  certain  land  (now  constituting  part  of  the  Fort  Por- 
ter Military  reservation  at  Buffalo,  N.  Y.)  was  granted  to  the  United 
States  under  an  act  of  the  legislature  of  New  York,  dated  February 
28,  1842,  "  for  military  purposes,  reserving  a  free  and  uninterrupted 
use  and  control  in  the  canal  commissioners  of  all  that  may  be  neces- 
sary for  canal  and  harbor  purposes."  Held,  That  the  right  of  the 
State,  under  the  reservation  in  the  grant  is  limited  by  the  purposes  of 
the  grant,  and  that  the  State  is  not  entitled  to  use  the  land  for  any 
purpose,  if  thereby  the  use  for  the  military  purposes  of  the  United 
States  will  be  interfered  with ;  yet  that  the  State  has  a  right  to  use 
so  much  of  the  land  as  may  be  necessary  for  canal  and  harbor  pur- 
poses, when  such  use  does  not  interfere  with  its  use  for  the  military 
purposes  of  the  government.  Accordingly,  held,  that  the  Secretary 
of  War  may  permit  the  State  of  New  York  to  use  so  much  of  the 
premises  for  canal  purposes  as  will  not  interfere  with  the  use  thereof 


APPENDIX.  525 

for  military  purposes.  (In  short,  the  reservation  in  the  grant  can 
be  deemed  valid  only  so  far  as  it  is  not  repugnant  to  the  grant.) 
(Vol.  16,  p.  592,  Opins.  Attys.  Genl.) 

Conveyance  upon  compromise  of  question  of  title  valid. — The  deed 
of  conveyance  executed  to  the  United  States  on  the  25th  day  of  .Octo- 
ber, 1854,  by  the  City  of  Carondelet,  of  a  part  of  the  Commons  of 
Carondelet  upon  which  Jefferson  Barracks  are  situated,  having  been 
based  upon  an  equitable  compromise  of  a  long-pending  and  doubtful 
question  of  title,  is  valid.  (City  of  St.  Louis  v.  The  United  States, 
92  U.  S.,  462.) 

Lands  can  not  be  purchased  nor  accepted  as  a  gift  for,  or  donation 
to,  the  United  States  in  the  absence  of  statutory  authority — The  word 
"  purchase  "  construed. — In  the  absence  of  statutory  authority,  land 
can  not  be  purchased  for  the  United  States  with  any  more  legality 
than  land  of  the  United  States  can  be  sold  or  disposed  of.  By  a 
provision  of  the  Act  of  May  1,  1820,  now  contained  in  Section  3736, 
Eevised  Statutes,  it  is  declared  that  "  No  land  shall  be  purchased  on 
account  of  the  United  States  except  under  a  law  authorizing  such 
purchase."  field  that  the  term  "  purchase  "  was  to  be  understood 
in  its  legal  sense,  as  embracing  any  mode  of  acquiring  property  other 
than  by  descent  (citing  Vol.  7,  pp.  114,  121,  Opins.  Attys,  Genl.  and 
Ex  parte  Hebard,  4  Dillon,  344)  ;  and  that  therefore  the  Secretary 
of  War  would  not  be  empowered  to  accept  a  gift  of  land  or  inter- 
est in  land,  for  any  use  or  purpose  independently  of  statutory  au- 
thority. (Concurred  in  by  an  opinion  of  the  Attorney-General  in 
Vol.  16,  p.  414,  Opins.  Attys.  Genl.)  And  similarly  held  as  to  the 
construction  of  the  same  word  ("  purchase  "),  as  employed  in  Section 
355,  Revised  Statutes,  and  advised  that  an  appropriation  of  public 
money  could  not  legally  be  expended  for  the  erection  of  a  public 
building  upon  land  donated  to  the  United  States,  until  the  Attorney- 
General  had  approved  the  title,  and  the  legislature  of  the  State  in 
which  the  land  was  situated  had  given  its  consent  to  the  grant. 
(Dig.  Opin.  J.  A.  G.,  1912,  p.  910  A,  citing  Vol.  10,  p.  35,  and 
Vol.  15,  p.  212,  Opins.  Attys.  Genl.  to  the  effect  that  under  the  implied 
authority  contained  in  Sec.  1838,  Rev.  Stats.,  lands  required  as  sites 
for  forts,  arsenals,  etc.,  or  needful  public  buildings,  may  be  purchased 
(or  acquired  by  gift)  without  the  consent  of  the  State,  though  in  the 
absence  of  such  consent,  public  money  can  not,  in  view  of  the  pro- 
visions of  Sec.  355,  legally  be  expended  upon  the  buildings.) 

Title  to  soil  under  tide  water. — It  is  a  well-settled  rule  of  law  in 
this  court  that  absolute  property  in,  and  dominion  and  sovereignty 
over,  the  soils  under  the  tide  waters  in  the  original  States  were 
reserved  to  the  several  States,  and  that  the  new  States  since  admitted 
have  the  same  rights,  sovereignty,  and  jurisdiction  in  that  behalf  as 
the  original  States  possess  within  their  respective  borders.  Upon 
the  acquisition  of  the  territory  from  Mexico  the  United  States 
acquired  the  title  to  tide  lands  equally  with  the  title  to  upland ;  but 
with  respect  to  the  former  they  hold  it  only  in  trust  for  the  future 
States  that  might  be  erected  out  of  such  territory.  (Knight  v. 
United  States  Land  Association,  142  U.  S.  Rep.,  182,  citing  Martin  v. 
Waddell,  16  Pet..  367,  410;  Pollard  v.  Hogan,  3  How.,  212,  229; 
Goodtitle  v.  Kibbe,  9  How.,  471,  478;  Mumford  v.  Wardwell,  6 
Wall.,  423,  436;  and  Weber  v.  Harbor  Commissioners,  18  Wall., 
57,  65.) 


526  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

The  United  States  hold  public  lands  by  virtue  of  deeds  of  cession 
and  statutes,  not  by  sovereignty.  (Pollard's  Lessee  v.  Hogan,  3 
How.,  212.) 

Title  to  shores  of  navigable  waters  and  the  soil  under  them. — The 
shores  of  navigable  waters  and  the  soil  under  them  were  not  granted 
by  the  Constitution  to  the  United  States,  but  reserved  to  the  States 
respectively.  And  the  new  States  have  the  same  rights  as  the  origi- 
nal States.  (Ibid.) 

Reservation. — The  President  may  reserve  from  sale  and  set  apart 
for  public  use  parcels  of  land  belonging  to  the  United  States,  and 
may  modify  a  reservation  previously  made.  (Grisar  v.  McDowell, 
6  Wall.,  p.  364.) 

Validity  of  Executive  order  rests  on  established  and  recognized 
power  in  the  President — Power  recognized  ~by  Congress. — The  valid- 
ity of  the  Executive  Order  rests,  not  on  the  Statute,  but  on  a  long- 
established  and  long-recognized  power  in  the  President  to  withhold 
from  sale  or  settlement,  as  he  may  deem  proper.  Congress  recog- 
nized this  power  in  the  Oregon  legislation  which,  while  not  granting, 
simply  sought  to  restrict  that  already  existing.  When  Congress 
creates  an  exception  from  a  power,  it  necessarily  affirms  the  existence 
of  such  power,  and  hence  th(  well-known  axiom  that  the  exception 
proves  the  rule.  Congress  has  recognized  this  power  in  the  President 
by  various  acts,  notably  May  29,  1830  (4  Stat.,  421),  and  September 
4,  1841  (5  Stat.,  456).  The  Supreme  Court  has  adjudged  the  exist- 
ence of  the  power  in  the  President.  (Wolcott  v.  Des  Moines  Com- 
pany, 5  Wall.,  681;  Grisar  v.  McDowell,  6  Wall,  363;  Wolsey  v. 
Chapman,  101  U.  S.,  755;  Williams  v.  Baker,  17  Wall.,  144;  Wilcox 
v.  Jackson,  13  Pet,  498). 

State  can  not  regulate  transfer  of  lands  of  United  States — Staters 
right  of  eminent  domain  does  not  extend  over  property  of  United 
States. — No  State  can,  by  her  laws,  regulate  the  mode  by  which  the 
lands  of  the  United  States  shall  pass  into  private  right  and  individ- 
ual property  in  opposition  to  the  laws  of  the  United  States.  The 
State  of  Illinois  has  undoubted  right  to  dispose  of  its  own  property 
as  it  shall  seem  expedient;  and  it  has  the  right  of  eminent  domain, — 
that  is,  to  take  private  property  to  public  use,  making  just  compensa- 
tion to  owner.  But  this  right  of  eminent  domain  does  not  extend  to 
the  taking  of  the  public  property  of  the  Government  of  the  United 
States.  Therefore,  The  Chicago  and  Rock  Island  Railroad  Company 
and  Railroad  Bridge  Company  can  not  lawfully  enter  upon  and  use, 
for  the  purpose  of  a  road,  or  for  any  other  object,  the  military  reser- 
vation of  Rock  Island,  under  pretense  of  authority  from  the  State  of 
Illinois.  (Vol.  6,  p.  670,  Opins.  Attys.  Genl.) 

Reservation  of  land — When  made  at  request  of  the  Secretary  of 
War  equivalent  to  order  of  President. — A  reservation  of  lands,  made 
at  the  request  of  the  Secretary  of  War,  for  purposes  in  his  depart- 
ment, must  be  considered  as  made  by  the  President  of  the  United 
States  within  the  terms  of  the  act  of  Congress.  (Wilcox  v.  Jackson, 
13  Peters,  498.) 

Land  once  legally  appropriated,  no  longer  part  of  the  public 
land. — Whensoever  a  tract  of  land  shall  have  once  been  legally 
appropriated  to  any  purpose,  from  that  moment  the  land  thus  appro- 


APPENDIX.  527 

priated  becomes  severed  from  the  mass  of  public  lands ;  and  no  subse- 
quent law,  or  proclamation,  or  sale,  would  be  construed  to  embrace  it, 
or  to  operate  upon  it ;  although  no  other  reservation  were  made  of  it. 
(Ibid.) 

Question  as  to  when  title  passes  from  United  States  settled  l>y  laws 
of  United  States. — Whenever  the  question  in  any  court,  State  or  Fed- 
eral, is  whether  the  title  to  property  which  had  belonged:  to  the 
United  States  has  passed,  that  question  must  be  resolved  by  the  laws 
of  the  United  States.  But  whenever  the  property  has  passed,  accord- 
ing to  those  laws,  then  the  property,  like  all  other  in  the  State,  is  sub- 
ject to  State  legislation;  so  far  as  that  legislation  is  consistent  with 
the  admission  that  the  title  passed  and  vested  according  to  the  laws 
of  the  United  States.  (Ibid.) 

Reservation  in  Montana  not  limited  to  640  acres — Limitation  in  act 
of  February  14,  1853,  applies  to  Oregon  only — Power  of  President. — 
By  Executive  Order  of  August  5, 1888,  50  acres  of  land  were  added  to 
the  Fort  Missoula  military  reservation,  which  was  originally  estab- 
lished with  an  area  of  640  acres  by  Executive  Order  of  February  19, 
1877.  The  land  covered  by  these  orders  was  formerly  within  the  Ter- 
ritory of  Oregon;  but  under  the  act  of  March  2,  1853,  chapter  90, 
establishing  the  Territory  of  Washington,  it  fell  within  the  latter 
Territory;  and  when  the  Territory  of  Montana  was  created,  by  the 
act  of  May  26,  1864,  chapter  95,  it  became  a  part  of  that  Territory, 
and  so  remained  at  the  time  said  orders  were  issued.  By  the  act  of 
February  14,  1853,  chapter  69,  it  was  provided  that  all  reservations 
theretofore  as  well  as  thereafter  made  under  the  act  of  September  27, 
1850,  chapter  76  (which  applies  to  Oregon  only),  should  as  to  forts 
be  limited  to  not  exceeding  640  acres  at  any  one  place ;  and  the  afore- 
said act  of  May  26,  1864,  declared  that  all  laws  of  the  United  States 
not  locally  inapplicable  shall  have  the  same  force  and  effect  within 
the  Territory  of  Montana  as  elsewhere  within  the  United  States: 
Held,  that  the  act  of  1864  was  intended  to  give  effect  in  Montana  only 
to  such  general  laws  of  the  United  States  as  were  not  inapplicable  to 
that  Territory  and  not  to  legislation  of  a  special  or  local  character ; 
that  the  limitation  of  640  acres  was  not  made  operative  thereby  in 
Montana ;  that  the  President  was  fully  empowered  to  make  the  order 
of  August  5, 1888 ;  and  that  while  such  order  remained  unrevoked  the 
land  covered  thereby  is  not  open  to  entry  or  settlement.  (Vol.  19, 
p.  370,  Opins.  Attys.  Genl.) 

Regulations  of  Attorney -General  respecting  evidences  of  titles. — 
The  following  regulations  have  been  prepared  for  the  convenience  of 
those  who  may  have  occasion  to  draw  conveyances,  make  abstracts,  or 
collect  evidence  of  title  to  lands  in  cases  where  it  may  be  the  duty  of 
this  office  to  certify  concerning  the  validity  of  title.  A  strict  observ- 
ance of  them  will  greatly  facilitate  the  examination,  as  well  as  tend 
to  correct  conclusions: 

1.  The  deed  from  the  vendor  to  the  United  States  and  their  assigns 
must  be  acknowledged  according  to  the  laws  of  the  State,  District,  or 
Territory  where  the  land  lies. 

2.  A  plot  or  draft  of  the  land  should  be  furnished,  showing  the 
boundary  lines,  their  courses  and  distances,  and  the  adjoining  owners, 
streets,  rivers,  or  other  waters. 

12925°— 16 34 


528  UNITED    STATES    MILITARY    RESERVATIONS,  ETC. 

3.  Where  the  property  proposed  to  be  sold  consists  of  more  than 
one  piece,  the  titles  to  which  are  derived  through  different  persons, 
the  dividing  lines  must  be  traced  on  the  draft,  and  the  separate  pieces 
distinctly  marked. 

4.  It  is  necessary  to  have  an  accurate  and  full  abstract  of  the  title, 
showing  its  transmission  from  the  original  source  to  the  vendor,  with 
each  transfer  noted  in  the  proper  order  of  time,  the  name  of  each 
grantor  and  grantee  written  at  length,  with  dates  showing  when  the 
several   conveyances   were   executed,   acknowledged,   and   recorded. 
This  abstract  must  note  every  fact  on  which  the  validity  of  the  title 
depends,  whether  it  be  proved  by  matter  of  record,  by  deed,  or  en  pais. 

5.  The  abstract  must  be  verified,  by  being  accompanied  either  with 
the   original   documents   it    refers   to,   or  else   with   copies   legally 
authenticated. 

6.  The  title  papers  must  all  be  marked  with  numbers  corresponding 
to  the  numbers  under  which  they  are  arranged  in  the  abstract. 

7.  When  an  estate  in  the  land  has  passed  by  devise,  the  will  and 
the  probate  must  be  shown,  and  if  the  devisee  is  not  named,  proof  of 
his  identity  will  be  required. 

8.  Where  it  has  descended  from  an  intestate  ancestor  to  his  heirs, 
satisfactory  proof  of  the  condition  and  number  of  the  decedent's 
family  must  be  given. 

9.  If  the  estate  has  passed  by  judicial  sale,  or  by  a  sale  under  the 
order  of  any  court,  or  if  it  has  been  divided  by  proceedings  in  parti- 
tion, the  regularity  of  the  sale  or  partition  must  be  shown  by  a  copy 
of  the  record. 

10.  The  foreclosure  of  a  mortgage  can  be  shown  only  by  an  authen- 
tic copy  of  the  proceedings  had  for  that  purpose. 

11.  When  the  wife  of  a  grantor  has  not  joined  in  a  deed,  some 
evidence  must  be  given  that  he  was  unmarried  at  the  time,  or  that  his 
wife  is  since  dead. 

12.  If  the  grantor  be  a  woman,  it  must  be  shown  that  she  was 
unmarried  at  the  date  of  the  deed  f rom  her. 

13.  When  a  deed  is  executed  by  the  heirs  of  a^Derson  within  twenty- 
one  years  after  his  death,  evidence  will  be  required  to  show  that  they 
were  of  full  age  at  the  time  of  the  grant. 

14.  When  the  title  has  passed  through  a  corporate  body,  the  charter 
must  be  produced  and  the  authority  of  the  officer  who  granted  away 
the  estate  must  be  shown. 

15.  When  the  estate  has  been  conditional,  it  will  be  necessary  to 
furnish  clear  proof  that  the  conditions  have  been  fulfilled  or  lawfully 
excused. 

16.  When  the  title  depends  on  statute  law,  other  than  the  public 
laws  of  the  United  States ;  upon  a  local  law,  differing  from  ftie  gen- 
eral rule  of  the  common  law ;  upon  a  public  document,  or  upon  his- 
tory, the  books  relied  on  to  establish  it  should  be  accurately  referred 
to  and  the  page  noted. 

17.  Presumptions  arising  from  lapse  of  time  will  be  allowed  the 
weight  given  to  them  by  the  judicial  tribunals  of  the  State  where  the 
land  lies.     An  apparent  defect  in  an  old  deed  need  not  be  explained, 
if  the  possession  of  the  property  has  been  according  to  such  deed  for 
thirty  years  or  upward. 


APPENDIX.  529 

18.  A  title  offered  to  the  United  States  will  not  be  regarded  as 
invalid  on  account  of  an  outstanding  title  which  has  been  barred  by 
a  legal  limitation.     But  in  all  cases  where  time  is  relied  on  to  extin- 
guish an  outstanding  title,  the  party  must  show  by  clear  proof,  not 
only  an  adverse  possession  for  the  full  period,  but  also  that  there  are 
no  persons  who  have  rights  that  may  be  saved  by  exceptions  to  the 
statute. 

19.  Before  sending  the  papers  to  this  office  for  examination,  they 
should  be  submitted  to  the  attorney  of  the  United  States  for  the  dis- 
trict in  which  the  land  lies.     It  will  be  his  duty  to  certify  an  opinion 
on  the  whole  title  and  to  state  particularly  whether  the  local  laws  are 
correctly  given,  the  papers  properly  authenticated,  and  the  facts  estab- 
lished by  satisfactory  proof.     (Opins.  Attys.  Genl.,  Vol.  9,  p.  528.) 


INDEX. 


A. 

Page. 

Adams,  Fort,  R.I 355 

Admiralty  Head  (land  at),  Wash.  (Fort  Casey) 440 

Agate  Passage  (Port  Madison),  Wash 453 

Aguadilla,  P.  R 352 

Alcatraz  Island,  Cal 25 

Alexandria  National  Cemetery,  La. 145 

Alexandria  National  Cemetery,  Va - 408 

Allegheny  Arsenal,  Pa.  (Pittsburgh  Storage  and  Supply  Depot) 328 

Allegheny  Cemetery  (Soldiers'  Lot),  Pa 313 

Allerton  Station,  Mass.  (Fort  Andrews) 179 

Alton  Cemetery  (burial  lot  for  prisoners  of  war),  111 108 

Amaknak  Island,  Alaska 12 

Anastasia  Island,  Fla 55 

Andersonville  National  Cemetery,  Ga 68 

Anderson ville  Prison  Property,  Ga 68 

Andrew,  Fort,  Mass 178 

Andrews,  Fort,  Mass 179 

Andrew  Johnson  National  Cemetery,  Tenn 379 

Angel  Island,  Cal.  (Fort  McDowell) 29 

Angeles,  Luzon,  P.  I.  (Camp  Stotsenberg) 338 

Annapolis  National  Cemetery,  Md 166 

Anniston  Field  Artillery  Range 6 

Antietam  Battlefield,  Md 166 

Antietam  National  Cemetery,  Md 170 

Apache,  Fort,  Ariz 18 

Aqueduct  Bridge,  D.  C 50 

Aqueduct  Bridge,  Va 409 

Arcadia  Target  Range,  Mo 226 

Arlington  (see  also  Fort  Myer),  Va 411 

Arlington  National  Cemetery,  Va 414 

Armistead,  Fort,  Md 172 

Armstrong,  Fort,  Hawaii 100 

Army  Building,  N.  Y 255 

Army  Building,  Omaha,  Nebr 235 

Army  Morgue,  P.  I.  (Manila) 343 

Army  and  Navy  General  Hospital,  Ark 21 

Ashland  Cemetery  (Soldiers'  Lot),  Pa 313 

Asturias,  P.  1 332 

Augur  Barracks,  P.  1 332 

Augusta  Arsenal,  Ga 69 

Augusta  National  Cemetery,  Me 153 

B. 

Baguio,  Luzon  (Camp  John  Hay),  P.  1 336 

Baker,  Fort,  Cal.  (Lime  Point) 25 

Baldwin,  Fort,  Me 153 

Ball's  Bluff  National  Cemetery,  Va 414 

Banks,  Fort,  Mass 182, 185 

Barrancas,  Fort,  Fla 55 

Barrancas  National  Cemetery,  Fla 56 

Barry,  Fort,  Cal 25 

531 


532  INDEX. 

Page. 

B  ataan ,  P .  1 348 

Batan,  P.  I |  333 

Baton  Rouge  National  Cemetery,  La 146 

Battery  Bienvenue,  La 146 

Battle  Ground  National  Cemetery,  D.  C 51 

Baxter  Springs  National  Cemetery,  Kans 133 

Bayambang,  Luzon,  P.  I.  (Camp  Gregg) 336 

Bay  Point,  S.  C 362 

Bayard,  Fort,  N.  Mex 250 

Bayside,  (Point  Comfort),  N.  J 245 

Beacon  Island,  N.  C 297 

Beaufort  National  Cemetery,  S.  C 363% 

Beaver  Dam,  Alaska 8* 

Bedloe's  Island,  N.  Y.  (Fort  Wood) .- 295 

Belvoir,  or  White  House  Tract,  Va 414 

Benicia  (Post  and  Arsenal),  Cal 26 

Benjamin  Harrison,  Fort,  Ind 123 

Beverly  National  Cemetery,  N.  J 245 

Big  Hole  Battlefield  Monument  Site,  Mont 231 

Birches,  Alaska 8 

Bliss,  Fort,  Tex 389 

Bliss,  Fort,  Target  Range,  N.  Mex 252 

Boca  Grande  Island,  Fla.  (Cayo  Costa  Island) 56 

Boise  Barracks,  Idaho 107 

Brady,  Fort,  Mich 209 

Brady,  Fort,  Target  Range,  Mich 210 

Bragg's  Headquarters,  Tenn.  (Chickamauga  and  Chattanooga  National  Park). .  77 

Brothers  and  Sisters  and  Marin  Islands,  The,  Cal 27 

Brownsville  National  Cemetery,  Tex. 390 

C. 

Cacraray,P.  I 333 

Calumpan  Point,  P.  1 343 

Camp  Bumpus,  P.I 333 

Camp  Butler  National  Cemetery,  111 109 

Camp  Chase  €emetery,  Ohio 306 

Camp  Connell,  P.I 334 

Camp  Downes,  P.  1 334 

Camp  Eldridge,  P.I 335 

Camp  Gregg,  P.I 336 

Camp  John  Hay,  P.I 336 

Camp  Keithley,  P.  1 337 

Camp  Nelson  National  Cemetery,  Ky 142 

Camp  O verton,  P.I 337 

Camp  Stotsenberg,  P.  1 338 

Camp  Wallace,  P.  1 338 

Canby,  Fort  (Cape  Disappointment),  Wash 439 

Canoe  Island,  Wash 440 

Cape  Disappointment,  Wash.  (Canby,  Fort) 439 

Cape  Fanshaw,  Alaska 8 

Cape  Henry,  Va 415 

Carabao,  P.  I.  (Fort  Frank) 344 

Carlisle  Barracks,  Pa 313 

Carroll,  Fort,  Md 172 

Casey,  Fort,  Wash 440 

Castle  Island,  Mass.  (Independence,  Fort) 188 

Castle  Pinckney,  S.  C 375 

Caswell,  Fort,  N.  C 298 

Cave  Hill  National  Cemetery,  Ky 140 

Cayo  Costa  Island  (or  Boca  Grande  Island),  Fla 56 

Cedar  Keys,  Fla ' 57 

Cemetery  Lot  (near  Cincinnati),  Ohio 307 

Challam  Point  (land  opposite),  WTash 443 

Challam  Point,  Wash 443 

Chalmette  Monument,  La 147 

Chalmette  National  Cemetery,  La 147 


INDEX.  533 

i  age. 

Chattanooga  National  Cemetery,  Tenn 379 

Chena,  Alaska 9 

Chesapeake  Bay  (Middle  Grounds),  Va 426 

Chestochena,  Alaska 

Chickamauga  and  Chattanooga  National  Park,  Ga 69 

Chickamauga  and  Chattanooga  National  Park,  Tenn.  (see  also  Georgia^ 75 

Chinook  Point,  Wash.  (Fort  Columbia) : 443 

Cincinnati,  Ohio  (Cemetery  Lot) 307 

Circle,  Alaska 

City  Point  National  Cemetery,  Va 416 

Clark,  Fort,  Tex 390 

Clarks  Point,  Mass.  (Fort  Rodman) 197 

Clinch,  Fort,  Fla 57 

Coe  Point,  Fla 65 

Cold  Harbor  National  Cemetery,  Va 416 

Columbia,  Fort,  Wash 443 

Columbia  Harmony  Association  (Burial  Site),  D.  C 51 

Columbus  Barracks,  Ohio 307 

Constitution,  Fort,  N.  H 241 

Constitution  Island,  N.  Y 292 

Coos  Bay  Military  Reservation,  Oreg 310 

Copper  Center,  Alaska 

Cordova,  Alaska  (Signal  Corps  Reserve) 

Cordova  Bay,  Alaska  (lands  on) 

Corinth  National  Cemetery,  Miss 216 

Coronado  Beach,  Cal 27 

Corregidor,  P.  I.  (Fort  Mills) 344 

Cotabato,  P.  1 338 

Cow  Island,  Me.  (Fort  Lyon) 157 

Crab  Island,  N.  Y.  (Isle  of  St.  Michel) 272 

Craney  Island,  Va 417 

Crockett,  Fort,  Tex 390 

Crook,  Fort,  Nebr 236 

Crooked  Island,  Fla • 64 

Crow  Island,  Me 154 

Crown  Hill  National  Cemetery,  Ind 127 

Cuartel  de  Espafia,  P.  I.  (Manila) 342 

Cuartel  de  Infanteria,  P.  I.  (Manila) 342 

Cuartel  Meisic,  P.  I.  (Manila) 340 

Cuba,  Reservation  No.  1 46 

Cuba,  Reservation  No.  2 47 

Cuba,  Reservation  No.  3 47 

Culpeper  National  Cemetery,  Va 418 

Custer  Battlefield  National  Cemetery,  Mont 231 

Cushing  Island,  Me.  (Fort  Levett) 156 

Cypress  Hills  National  Cemetery,  N.Y 255 

D. 

Bade,  Fort,  Fla 58 

Danville  National  Cemetery,  Ky 141 

Danville  National  Cemetery,  Va 418 

Daraga,  P.  I.  (Regan  Barracks) 346 

D.  A.  Russell,  Fort,  Wyo 469 

D.  A.  Russell,  Fort,  Target  and  Maneuver  Reservation,  Wyo 470 

David's  Island,  N.Y.  (Fort  Slocum) 279 

Davis,  Fort,  Alaska 13 

Dead  Man's  Island,  Cal 28 

Deception  Pass  (North  Side),  Wash 444 

Deception  Pass  (South  Side),  Wash 445 

Deer  Island,  Mass 185 

Delaware  Breakwater,  Del 48 

Delaware,  Fort,  Del 47 

De  Long  Place,  Tenn.  (Chickamauga  and  Chattanooga  National  Park) 77 

Delta,  Alaska y 

Department  Hospital,  P.  I.  (Manila) 342 

De  Russy,  Fort,  Hawaii 101 


534  INDEX. 

Page. 

Des  Moines,  Fort,  Iowa 129 

Des  Moines,  Fort,  Target  Range,  Iowa 130 

De  Soto,  Fort,  Fla 58 

Diamond  Head,  Hawaii 104 

District  of  Columbia  Magazine,  D.  C 51 

Donnelly's,  Alaska 9 

Double  B luff,  Wash 445 

Douglas,  Fort,  Utah 401 

Drum,  Fort,  P.  I.  (El  Fraile) 344 

Duchesne,  Fort,  Utah 403 

Dumplings  (Fort  at),  R.  I.  (see  also  Fort  Wetherill) 360 

Du  Pont,  Fort,  Del 49 

Dutch  Island,  R.  I.  (Fort  Greble) 357 

Dyea,  Alaska 13 

E. 

Eagle  Pass,  Tex 392 

Edgecomb,  Fort,  Me 154 

Egbert,  Fort.  Alaska 13 

Egmont  Island,  Fla.  (Fort  Dade) 58 

El  Fraile,  P.  I.  (Fort  Drum) 344 

Estado  Mayor,  P.  I.  (Manila) 342 

Ethan  Allen,  Fort,  Vt 405 

Eureka,  Alaska 9 

F. 

Fairbanks,  Alaska 9 

Fajardo  (Islands  near),  P.  R 352 

Fayetteville  National  Cemetery,  Ark 21 

Ferry  Point,  Va 419 

Finn's  Point,  N.  J.  (Mott,  Fort) 248 

Finn's  Point  National  Cemetery,  N.  J 245 

Fire  Island,  Alaska * 14 

Five  Mile  Point,  Conn.  (Light  House  Point) 44 

Flag  Island,  Fla 59 

Flagler,  Fort,  Wash.  (Marrowstone  Point) 445 

Florence  National  Cemetery,  S.  C 363 

Foote,  Fort,  Md 172 

Ford's  Theater  Property,  D.  C 51 

Fords  Island,  Hawaii  (Mokuumeume) 102 

Forest  Hill  Cemetery  (Soldiers'  Lot),  Wi? 464 

Forest  Home  Cemetery  (Soldiers'  Lot),  Wi? 464 

Fort  Crawford  Military  Cemetery,  Wis 465 

Fort  Crittenden  Military  Cemetery.  Utah 401 

Fort  Donelson  National  Cemetery,  Tenn 380 

Fort  Gibson  National  Cemetery,  Okla 307 

Fort  Harrison  National  Cemetery,  Va .- 424 

Fort  Phil  Kearney  Monument  Site,  Wyo 475 

Fort  Winnebago  Military  Cemetery,  Wia 466 

Foster,  Fort,  Me 154 

Foulweather  Point,  Wash 446 

Frank,  Fort,  P.  I.  (Carabao) 344 

Frankf ord  Arsenal ,  Pa 314 

Frankfort  (Soldiers'  Lot),  Ky 141 

Fredericksburg  National  Cemetery,  Va 420 

Fremont,  Fort,  S.  C 364 

Front  Royal  Remount  Depot,  Va 420 

G. 

Gaines,  Fort,  Ala 6 

Gakona,  Alaska 9 

Gasparilla  Island,  Fla 59 

George's  Island ,  Mass.  (Fort  Warren) 206 

George  Wright,  Fort,  Wash 447 

Gerrish  Island,  Me.  (Fort  Foster) 154 

Getty,  Fort,  R.  1 357 


INDEX.  535 

Page. 

Gettysburg  National  Cemetery,  Pa 315 

Gettysburg  National  Park,  Pa 315 

Gibbon,  Fort,  Alaska .• 14 

Gibbon,  Fort,  Alaska  (Signal  Corps  Reserve:) 9 

Gig  Harbor,  \Vash 447 

Glendale  National  Cemetery,  Va , 423 

Gloucester  Gun  House,  Mass 186 

Goat  Island   Yerba  Buena),  Cal 38 

Goat  Island  Wolcott,  Fort),  R.  1 361 

Goat  Island   Fort  Whitman),  Wash 461 

Goose  Island,  Wash 448 

Gorges,  Fort,  Me 154 

Governor's  Island  (Jay,  Fort),  N.  Y 261 

Governor's  Island,  Mass.  (Winthrop,  Fort) 208 

Graceland  Cemetery,  111 109 

Grafton  National  Cemetery,  W.  Va 463 

Grande  Island,  P.  I.  (Fort  Wint) 349 

Great  Gull  Island,  N.  Y.  (FortMichie) 267 

Greble,  Fort,  R.  1 357 

Green  Lawn  Cemetery,  Ind 127 

Green  Mount  Cemetery  (Soldiers'  Lot),  Vt 407 

Greene,  Fort,  R.  1 358 

Griswold,  Fort,  Conn 41 

Grover's  Cliff,  Mass.  (Fort  Heath) , 174 

Guantanamo  Bay,  Cuba 45 

Gulkana,  Alaska 9 

Gurnet  Point,  Mass.  (Fort  Andrew) 178 

H. 

Hale,  Fort,  Conn 42 

Hamilton,  Fort,  N.  Y 256 

Hampton  National  Cemetery,  Va 423 

Hancock,  Fort,  N.  J.  (Sandy  Hook) 246 

Harrison,  Fort,  National  Cemetery,  Va 424 

Harrison,  Benjamin,  Fort,  Ind 123 

Harrison,  William  Henry,  Fort,  Mont 234 

Hawkin's  Point,  Md.  (Fort  Armistead) 172 

Hazen  Monument,  Tenn 381 

Heath,  Fort,  Mass 185, 186 

Henry  Barracks,  P.  R 353 

E.G."  Wright,  Fort,  N.  Y 260 

Hilton  Head,  S.  C 365 

Hogan,  Alaska 9 

Hawkins  Island,  Alaska  (portion  of) 14 

Hospital  Point,  Mass.  (Fort  Pickering) 194 

Honolulu,  Lots  in,  Hawaii ]02 

Hood's  (Fort  at),  Va 425 

Hood's  Head,  Wash 448 

Hope  Island,  Wash 448 

Hot  Springs,  Alaska 9 

Hot  Springs  Reservation,  Ark 21 

Howard,  Fort,  Fla.  (Cedar  Keys) 57 

Howard,  Fort,  Md 173 

Huachuca,  Fort,  Ariz ". 18 

Hughes,  Fort,  P.  I.  (Pulo  Caballo) 344 

Hunt,  Fort,  Va.  (Sheridan's  Point) 425 

Hurricane  Island,  Fla 64 

I. 

Independence,  Fort  (Castle  Island),  Mass 188 

Isle  St.  Michel,  N.  Y.  (Crab  Island) 272 

J. 

Jackson  Barracks,  La 148 

Jackson,  Fort,  La 148 

Japonski  Island,  Alaska 15 


536  INDEX. 

Page. 

Jay,  Fort,  N.  Y 261 

Isabela  de  Basilan 339 

Jefferson  Barracks,  Mo ". 228 

Jefferson  Barracks  National  Cemetery,  Mo 229 

Jefferson  City  National  Cemetery,  Mo 229 

Jeff ersonvi lie  Depot,  Ind a.  127 

K. 

Kahauiki,  Hawaii  (Fort  Shafter) 106 

Kalia,  Hawaii  (Fort  De  Russy) 101 

Kaltag,  Alaska 10 

Kamehameha,  Fort,  Hawaii 102 

Kapahuli,  Hawaii  (Fort  Ruger) 104 

Keaahala,  Hawaii 102 

Kennebec  Arsenal,  Me 155 

Keogh,  Fort,  Remount  Depot,  Mont 232 

Keokuk  National  Cemetery,  Iowa 131 

Ketchumstock,  Alaska 10 

Keystone,  Alaska 10 

Key  West  Barracks,  Fla 59 

Key  West  Cemetery,  Fla 60 

Kitsap  County,  Lands  in,  Wash 451 

Knox,  Fort,  Me 155 

Knoxville  National  Cemetery,  Tenn 381 

Kokrines,  Alaska 10 

Koyukuk,  Alaska 10 

L. 

Lafayette  National  Cemetery  (Soldiers'  Lot)  Pa 325 

Lafayette,  Fort,  N.  Y 262 

Lagoon  Point,  Wash 448 

Laguna  Merced,  Cal 28 

Lakeside  Cemetery,  Mich 210 

La  Monja,  P.I 344 

Laurel  Cemetery  (Soldiers'  Lot),  Md 173 

Lawton,  Fort,  Wash.  (Magnolia  Bluff) 449 

Leavenworth,  Fort,  Kans 133 

Leavenworth,  Fort,  National  Cemetery,  Kans 136 

Lebanon  National  Cemetery,  Ky 141 

Lebanon  Cemetery  (Soldiers'  Lot),  Pa 325 

Lee,  Fort,  Mass 189 

Leon  Springs  Target  and  Maneuver  Range,  Tex ;\'.r2 

Levett,  Fort,  Me.  (Gushing  Island) 156 

Lexington  National  Cemetery,  Ky 142 

Light-House  Point,  Conn 44 

Lime  Point,  Cal.  (Fort  Baker) 25 

Lincoln,  Fort,  N.  Dak 304 

Liscum,  Fort,  Alaska 15 

Liscum,  Fort,  Target  Range,  Alaska 15 

Little  Rock  National  Cemetery,  Ark 22 

Livingston,  Fort,  La 149 

Logan,  Fort,  Colo 39 

Logan,  Fort,  Target  Range,  Colo 39 

Logan  H.  Roots,  Fort,  Ark 23 

Long  Island,  Me 157 

Long  Island,  Mass.  (Fort  Strong) 205 

Long  Point  (Province town),  Mass 189 

Lookout  Mountain,  Tenn.  (Chickamauga  and  Chattanooga  National  Park) 75 

Lopez  Island  (Northwest  Portion),  Wash 451 

Lopez  Island  (Southwest  Portion),  \Vash 451 

Los  Banos,  Luzon,  P.I.  (Camp  Eldridge) 335 

Loudon  Park  National  Cemetery,  Md 174 

Lovell's  Island  (Fort  Standish,  New),  Mass 204 

Louden,  Alaska 10 

Ludlow  Barracks,  P.I 339 

Lytfn,  Fort,  Me 157 


INDEX.  537 

M.  Page. 

MacArthur,  Fort,  Cal 28 

Machias,  Fort,  Me 158 

Mackenzie,  Fort,  Wyo 472 

Mackinac,  Fort,  Mich 210 

Mackinac  Island  National  Park,  Mich 210 

Macomb,  Fort,  La 149 

Macon,  Fort,  N.  C 299 

Madison  Barracks  (Post),  N.  Y 263 

Madison  Barracks  (Stony  Point  Target  Range),  N.  Y 266 

Madison,  Fort,  Me 158 

Magnolia  Bluff,  Wash.  (Fort  Lawton) 449 

Makalapa,  Hawaii 104 

Malabang,  Mindanao,  P.  I.  (Torrey  Barracks) 349 

Malate  Barracks,  P.  I.  (Manila) ...  340 

Manila  Bay,  Luzon,  P.  1 343-344 

Manila,  P.  I.,  reservations  at 340-343 

Mansfield,  Fort,  R.I 358 

Marietta  National  Cemetery,  Ga 92 

Marin  Islands,  Cal.  (Brothers  and  Sisters  Islands) 27 

Marion,  Fort,  Fla 61 

Mariveles,  P.I 343 

Marrowstone  Point,  Wash.  (Fort  Flagler) 445 

Martello  Tower  No.  1,  Fla 62 

Martello  Tower  No.  2,  Fla 62 

Mason,  Fort,  Cal 29 

Massachusetts,  Fort,  Miss.  (Ship  Island) 218 

Matanzas  Inlet 62 

Mayaguez,  P.  R 353 

McCallum's  Alaska 10 

McCarty,  Alaska 10 

McClary,  Fort,  Me 158 

McDowell,  Fort,  Cal 29 

McHenry,  Fort,  Md 174 

Mclntosh,  Fort,  Tex 393 

McKinley,  Fort,  Me 157 

McPherson,  Fort,  Ga 90 

McPherson,  Fort,  National  Cemetery,  Nebr 236 

McPherson,  Fort,  Rifle  Range,  Ga 91 

McRee,  Fort,  Fla 61 

Meade,  Port,  S.  Dak 377 

Mechanic's  Cemetery  (Soldiers'  Lot),  Pa 325 

Medical  Supply  Depot,  P.  I.  (Manila) 342 

Melozi,  Alaska -. 10 

Memphis  National  Cemetery,  Tenn 381 

Mentasta,  Alaska 10 

Mexico  National  Cemetery  (City  of  Mexico),  Mexico 209 

Michie,  Fort,  N.  Y 267 

Middle  Grounds,  Chesapeake  Bay,  Va 426 

Middle  Point  and  Orchard  Point,  Wash 451 

Mifflin,  Fort,  Pa 326 

Miley,  Fort,  Cal.  (Point  Lobos) 31 

Military  and  Naval  Cemetery  near  Sitka,  Alaska  (Japonski  Island) 11 

Military  Road,  Va 432 

Militia  Target  Ranges: 
Alabama — 

Anniston 6 

Luverne 6 

Arizona- 
Buckeye 19 

Douglas 19 

Flagstaff 19 

Florence 19 

Mesa 19 

Phoenix 19 

Tucson 19 

Wilmot 20 

Yuma 20 


538  INDEX. 

Militia  target  ranges — Continued.  Page. 

Delaware 50 

Florida 63 

Georgia — 

Near  Atlanta 92 

Near  Augusta 93 

Near  Holton 92 

Near  Savannah 92 

Idaho 108 

Iowa — 

Polk  County 131 

Cedar  Rapids 132 

Maine 160 

Michigan — 

Ann  Arbor 211 

Big  Rapids 211 

Cheboygan 211 

Detroit 211 

Flint 211 

Grand  Rapids 212 

Jackson 212 

Kalamazoo 212 

Saginaw 212 

Missouri — 

Nevada 229 

St.  Louis 229 

New  Hampshire 243 

New  Mexico 252 

North  Carolina — 

Dunn '. 300 

Morehead  City 300 

North  Dakota 306 

Oklahoma 308 

Oregon — 

Douglas  County 310 

Clackamas  County 311 

Pennsylvania 326 

South  Dakota 378 

Tennessee 382 

Texas 394 

Utah 401 

Wisconsin — 

Near  La  Crosse 465 

Near  Milwaukee 465 

Mills,  Fort,  P.  I.  (Corregidor) 344 

Mill  Springs  National  Cemetery,  Ky 142 

Minto,  Alaska "....! 10 

Missoula,  Fort,  Mont 233 

Missouri  Timber  Reserve,  Mo.  (Fort  Leavenworth,  Kans.) 133 

Mobile  Bay,  Islands  in,  Ala (1 

Mobile  National  Cemetery,  Ala 6 

Mokuumeume,  Hawaii  (Fords  Island) 102 

Molate  Island,  Cal ?1 

Momungan ,  P.  1 344 

Monroe,  Fort,  Va 427 

Montague  Point,  Alaska 10 

Monterey,  Presidio  of,  Cal 32 

Montgomery,  Fort,  N.  Y ; 268 

Monument  Site,  Fort  Phil  Kearney,  Wyo 475 

Moreno  Point  Reservation,  Fla 63 

Morgan,  Fort,  Ala 6 

Mott,  Fort,  N.J 248 

Moultrie,  Fort,  S.  C.  (Sullivans  Island) 365 

Mound  Cemetery  (Soldiers'  Lot),  Wis 465 

Mound  City  National  Cemeterv,  111 110 

Mound  City  (Soldiers'  Burial  Lot),  Kans 136 

Mullet  Island  (Fort  De  Soto),  Fla 58 

Myer,  Fort  (Arlington),  Va 432 


INDEX.  539 

N.  Page. 

Nahant,  Mass,  (land  at) 190 

Narrows  Island,  Me 160 

Nashville  National  Cemetery,  Tenn 382 

Natchez  National  Cemetery,  Miss 217 

National  Cemetery,  Custe/Battlefield,  Mont 231 

Nee-ah  Harbor  (East  side  of),  Wash . 452 

Nee-ah  Harbor  (West  side  of),  Wash 452 

Nelson,  Fort,  Va 432 

Nenana,  Alaska 10 

New  Albany  National  Cemetery,  Ind 128 

Newbern  National  Cemetery,  N.  G 301 

Newcastle  (Reservation  near),  N.  H 243 

New  Dungeness  Harbor  (Lands  North  side  of),  Wash 452 

New  Dungeness  Harbor  (Lands  South  side  of),  Wash 452 

Newport  Barracks,  Ky 142 

Newton.  Fort,  N.  Y 209 

New  York  Arsenal,  N.  Y 269 

Niagara,  Fort,  N.  Y 270 

Nodule  Point,  Wash 453 

Nome,  Alaska .' 10 

Norfolk,  Fort,  Va 433 

North  Coronado  Beach  Island  (Fort  Pio  Pico),  Cal 32 

Northfork.  Alaska 10 

North  Point,  Md.  (Fort  Howard) 173 

Nozaleda,  P.  I.  (Manila) 341 

Nulato,  Alaska 10 

O. 

Oakdale  Cemetery,  Iowa 132 

Oak  Woods  Cemetery  (Confederate  Mound),  111 .' 109 

Odd  Fellows'  Cemetery  (Soldiers'  Lot),  Pa >. .  327 

Ogtien  Observatory,  Utah 404 

Oglethorpe,  Fort,  Ga 70,  93 

Oglethorpe,  Fort,  Target  Range,  Ga 94 

Ohio  Reservation  (Chickamauga  and  Chattanooga  National  Park) 77 

Old  Woman,  Alaska 11 

Omaha  Depot,  Nebr 238 

Omaha,  Fort,  Nebr 237 

Ontario,  Fort,  N .  Y 271 

Orca  Bay,  Alaska  (Islands  in) 12 

Orchard  Knob,  Tenn.  (Chickamauga  and  Chattanooga  National  Park) 76 

Orchard  Point,  Middle  Point  and,  Wash 451 

Ormoc,  Leyte,  P.  I.  (Camp  Downes) 334 

Outer  Brewster,  Mass 194 

P. 

Panama  Canal 312 

Parang,  Mindanao,  P.  I.  (Ludlow  Barracks) %.. 339 

Paxon's,  Alaska 11 

Peaks  Island,  Me 160 

Pea  Patch  Island,  Del.  (Delaware,  Fort) 47 

Peddocks  Island,  Mass.  (Fort  Andrews) 179 

Pelican  Spit,  Tex 394 

Pensacola  Military  Reservation,  Fla 63 

Perdido  Bay,  Ala 8 

Perdido  Bay,  Fla 63 

Pettit  Barracks,  P.  1 345 

Pettit  Barracks  Target  Range,  P.  1 345 

Philadelphia  National  Cemetery,  Pa 327 

Philadelphia  Quartermaster's  Depot,  Pa 327 

Phil  Kearney,  Fort,  R.  1 359 

Phoenix,  Fort,  Mass 194 

Picatinny  Arsenal,  N .  J.  (United  States  Powder  Depot) 249 

Pickering,  Fort  (Winter  Island),  Mass 194 

Pickens,  Fort,  Fla 64 

Pike,  Fort,  La 150 


540  INDEX. 

Page. 

Pikit,  Fort,  P.  1 345 

Pine  Plains  Maneuver  Reservation,  N .  Y 

PioPico,  Fort,  Cal 32 

Pittsburg  Landing  National  Cemetery,  Tenn.  (Shiloh  National  Cemetery) 382 

Pittsburgh  Storage  and  Supply  Depot,  Pa 328 

Plattesmouth  Rifle  Range,  Nebr 239 

Plattsburg  Barracks,  N.  Y 

Plumb  Island  (Kings  County),  N.  Y 274 

Plum  Island  (Suffolk  County),  N.  Y.  (Fort  Terry ) 280 

Point  Adams  (Stevens,  Fort),  Oreg 311 

Point  Allerton,  Mass.  (Fort  Andrews) 179 

Point  Campbell,  Alaska 15 

Point  Comfort,  N.  J.  (Bayside) 245 

Point  Defiance,  Wash 453 

Point,  Fort,  Tex.  (San  Jacinto) 400 

Point  Hudson,  Wash 453 

Point  Jerry,  N.  H.  (Fort  Stark) 244 

Point  Lobos,  Cal.  (Miley,  Fort) 31 

Point  Loma  (San  Diego  Harbor),  Cal.  (Rosecrans,  Fort; 33 

Point  Lookout  National  Cemetery,  Md 176 

Point  Mackenzie,  Alaska 15 

Point  Peter,  Ga 95 

Point  Possession,  Alaska 16 

Point  Spencer  .Alaska 16 

Point  Wilson,  Wash.  (Worden,  Fort) 461 

Pole  Mountain,  Wyo.  (Fort  D.  A.  Russell  Target  and  Maneuver  Reservation)..  470 

Polloc,  P.I ! 345 

Popham,  Fort,  Me 160 

Poplar  Grove  National  Cemetery,  Va 433 

Porter,  Fort,  N.  Y 275 

Port  Reservation,  P.  I.  (Manila) 341 

Portsmouth  Gun  House,  N.  H 244 

Portsmouth  (Reservation  at)  N.  H 243 

Port  Hudson  National  Cemetery,  La 150 

Port  Madison  (Agate  Passage),  Wash 453 

Potomac  Highway  Bridge,  Va 434 

Preble,  Fort,  Me 161 

Presidio  of  Moterey,  Cal 32 

Presidio  of  San  Francisco,  Cal 35 

Presque  Isle,  Pa 329 

Proctor's  Landing  Military  Reservation,  La 151 

Prorpect  Hill  Cemetery  (Soldiers'  Lot),  Pa 331 

Prospect  Hill  Cemetery  (Soldiers'  Lot),  Vt 407 

Protection  Island  (Land  opposite  to),  Wash : 454 

Protestant  Cemetery  (Soldiers'  Lot),  Wis 466 

Provincetown,  Mass.  (Long  Point) 189 

Puget  Sound  (at  Narrows  of),  Wash.  (Vashon  Island) 459 

Pulaski,  Fort,  Ga 95 

Pulo  Caballo,  P.  I s  (Fort  Hughes) 344 

Punchbowl  Hill,  Hawaii 103 

Puuloa,  Hawaii 103 

R. 

Raleigh  National  Cemetery,  N.  C 302 

Rampart,  Alaska 11 

Red  Hill,  Salt  Lake,  Makalapa,  Hawaii 104 

Red  Rock,  Cal.  (Molate  Island) 31 

Regan  Barracks,  P.  1 346 

Reina  Regente,  P.  1 347 

Reno,  Fort,  Okla 308 

Revere,  Fort,  Mass 195 

Rice  Wharf,  Mass.  (Fort  Banks  and  Fort  Heath) 185 

Richardson,  Alaska 11 

Richmond  National  Cemetery,  Va 434 

Riley,  Fort,  Kans 137 


INDEX.  541 

Page. 

Robinson,  Fort,  Nebr 239 

Robinsons  Point,  Me.  (St.  Georges) 164 

Rock  Island  Arsenal,  111 110 

Rock  Island  National  Cemetery,  111 114 

Rock  Island  (Western  approach  to),  Iowa 132 

Rock  Point,  Md.  (Fort  Small  wood) 177 

Rodman,  Fort,  Mass 197 

Rosecrans,  Fort,  Cal.  (Point  Loma) 33 

Rose  Island,  R.  1 359 

Round  Top  and  Sugar  Loaf,  Hawaii 104 

Ruger,  Fort,  Hawaii 104 

Russell,  D.  A.,  Fort,  Wyo 469 

Russell,  D.  A.,  Fort,  Target  and  Maneuver  Reservation,  Wyo „ . .  470 

S. 

SabinoHead  (Baldwin,  Fort),  Me 153 

Safety  Harbor,  Alaska 11 

Sag  Ilarbor,  N.  Y 278 

Saina,  Alaska 11 

Salcha,  Alaska 11 

Salem  Neck,  Mass.  (Fort  Leo) 189 

Salisbury  Beach,  Mass 198 

Salisbury  National  Cemetery,  N.  C 302 

Salt  Lake,  Hawaii 104 

Sam  Houston,  Fort,  Tex 394 

San  Antonio  Abad,  P.  I.  (Manila) 343 

San  Antonio  Arsenal,  Tex '. 399 

San  Antonio  National  Cemetery,  Tex .- 399 

San  Diego  Barracks,  Cal • 34 

Sand  Island,  Oreg 311 

Sandy  Hook  (Hancock,  Fort),  N.  J 246 

San  Fernando,  Luzon,  P.  I.  (Camp  Wallace^ 338 

San  Francisco  National  Cemetery,  Cal 37 

San  Francisco  (Presidio  of),  Cal 35 

San  Jacinto,  Fort,  Tex 400 

San  Juan,  P.  R 354 

San  Juan  Harbor,  P.  R 355 

San  Juan  Island  (Northeast  point  of),  Wash 454 

San  Juan  Island  (Southeast  point  of),  Wash 454 

San  Pedro,  Cal 37 

San  Pedro,  Fort,  Cebu,  P.  1 347 

•  San  Pedro,  Fort,  Iloilo,  P.  1 347 

Santa  Fe  National  Cemetery,  N.  Mex 252 

Santa  Rosa  Island,  Fla.  (Fort  Pickens) 64 

Santiago,  Fort,  P.  I.  (Manila) % 341 

SaquishNeck,  Mass.  (Old  Fort  Standish) 205 

Saunderstown,  R.  I.  (Fort  Greble) 357 

Scammel,  Fort,  Me 164 

Schofield  Barracks,  Hawaii 105 

Schuyler,  Fort,  N.  Y 279 

Schuylkill  Arsenal,  Pa.  (Philadelphia  Depot,  Quartermaster's  Department)...  327 

Scott,  Fort,  National  Cemetery,  Kans 338 

Scott,  Winfield,  Fort,  Cal 38 

Screven,  Fort,  Ga.  (Tybee  Island) 96 

Seven  Pines  National  Cemetery,  Va 435 

Seward,  Alaska , 11 

Seward,  Fort  William  H.,  Alaska 16 

Sewell,  Fort,  Mass « 198 

Shafter,  Fort,  Hawaii 106 

Shaw  Island  (Eastern  side  of),  Wash 455 

Shaw  Island  (Western  side  of),  Wash 455 

Sheridan,  Fort,  111 114 

Sheridans  Point,  Va.  (Fort  Hunt) 425 

Sherman  Heights,  Tenn.  (Chickamauga  and  Chattanooga  National  Park) 77 

Shiloh  National  Cemetery,  Tenn.  (Pittsburg  Landing  National  Cemetery)....  382 

Shiloh  National  Military  Park,  Tenn 383 


542  INDEX. 

Page. 

Ship  Island  (Massachusetts,  Fort),  Miss 218 

Siassi,  P.  1 348 

Sill ,  Fort,  Okla 309 

Sill,  Fort  (Water  Supply  Reserve),  Okla 310 

Sitka,  Alaska 11 

Skagit  Island,  Wash 448 

Skagway,  Alaska 17 

Slocum,  Fort,  N.  Y 279 

Smallwood,  Fort,  Md.  (Rock  Point) ]77 

Smith,  Fort,  National  Cemetery,  Ark 24 

Snelling,  Fort,  Minn 214 

Soldiers'  Home  National  Cemetery,  D.  C 52 

Sparta  Target  Range,  Wis 466 

Springfield  Armory,  Mass 198 

Springfield  National  Cemetery,  Mo 230 

Spokane,  Fort  (New  Site),  Wash.  (Fort  George  Wright ) 446 

Spokane  Fort  (Old  site),  Wash 455 

Sta.  Amalia,  P.  1 344 

St.  Andrews  Sound,  Fla 64 

St.  Augustine  (Two  Islands  near),  Fla 67 

St.  Augustine  National  Cemetery,  Fla 65 

St.  Francis  Barracks,  Fla 65 

St.  George's,  Me 164 

St.  John's  Bluff,  Fla 66 

St.  Joseph's  Bay  Reservation,  Fla 66 

St.  Louis  Clothing  Depot,  Mo 229 

St.  Louis  Powder  Depot,  Mo 230 

St.  Louis  River  Military  Reservation,  Mich 214 

St.  Michael,  Fort,  Alaska 16 

St.  Paul  Quartermaster  and  Commissary  Depot,  Minn 214 

St.  Philip,  Fort,  La .'. 151 

Standish,  Fort,  Mass.  (New) 204 

Standish,  Fort,  Mass.  (Old) 205 

Stark,  Fort,  N.  H.  (Point  Jerry) 244 

Staunton  National  Cemetery,  Va 435 

Stevens,  Fort,  Oreg.  (Point  Adams) 311 

Stony  Point  Target  Range,  N.  Y.  (Madison  Barracks) 266 

Stones  River  National  Cemetery,  Tenn 386 

Strawberry  Hill,  Mass.  (Fort  Andrews) 179 

Strong,  Fort,  Mass.  (Long  Island) 205 

SubicBay,  P.  1 348 

Sucia  Islands,  Wash 456 

Sugar  Loaf  and  Round  Top,  Hawaii 104 

Sugar  Loaf  Island  (North  and  South),  Me 164 

Sullivan's  Island,  S.  C.  (Fort  Moultrie) 365 

Sumter,  Fort,  S.  C 376 

T. 

Tacloban,  Leyte  (Camp  Bumpus),  P.  1 333 

Tagabiran,  P.  1 349 

Tala  Point,  Wash 456 

Target  and  Maneuver  Reservation,  Fort  D.  A.  Russell,  Wyo 

Target  Range,  Arcadia,  Mo 226 

Target  Range,  Fort  Brady,  Mich 

Target  Range,  Fort  Des  Moines,  Iowa 130 

Target  Range,  Stony  Point,  Madison  Barracks,  N .  Y 266 

Taylor,  Fort,  Fla 66 

Teikheil,  Alaska ^ 11 

Terry,  Fort,  N.  Y.  (Plum  Island) 280 

Thomas,  Fort,  Ky 

Three-Tree  Point,  Wash 456 

Tide  lands,  General  grant  of,  Wash 

Tobyhanna  Artillery  Target  Range,  Pa 332 

Tolovana,  Alaska 

Tompkins,  Fort,  N.  Y 

Tonsina,  Alaska 


INDEX.  543 


Torrey  Barracks,  P.  1 349 

Totten,  Fort,  N.  Y.  ( Will ets  Point) 280 

Townsend,  Fort,  Wash 457 

Travis,  Fort,  Tex 400 

Trumbull,  Fort.  Conn 44 

Two  Islands  near  St.  Augustine,  Fla 67 

Tybee  Island,  Ga.  (Fort  Sere ven) 96 

Tyler,  Fort,  N.  Y • 281 

U. 

Unalaklik,  Alaska. 12 

Union  Cemetery,  Kansas  City,  Mo.  (Site  of  Confederate  Monument  in) 231 

United  States  Powder  Depot,  N.  J.  (Picatinny  Arsenal) 249 

V. 

Valdez ,  Alaska 12 

Valdez-Fairbanks  Military  Road  Timber  Reserve 17 

Vancouver  Barracks,  Wash 457 

Vancouver  Point,  Wash 458 

Vashon  Island,  Wash 459 

Vicksburg  National  Cemetery,  Miss 219 

Vicksburg  National  Military  Park,  Miss 219 

Virginia  Key,  Fla 67 

W. 

Waadah  Island,  Wash 459 

Wadsworth  Fort,  N.  Y 282 

Waianae,  Hawaii  (Schofield  Barracks) 105 

Walla  Walla,  Fort,  Wash 459 

Walter  Reed  United  States  Army  General  Hospital,  D.  C 52 

Ward,  Fort,  Wash 460 

Warren,  Fort,  Mass 206 

Warwick  Barracks,  P.  1 350 

Washington  Barracks,  D.  C 52 

Washington,  Md.,  Fort 177 

Washington  Harbor  (East  Side),  Wash 460 

Washington  Harbor  (West  Side).  Wash 460 

Watertown  Arsenal,  Mass 207 

Watervliet  Arsenal,  N.  Y 286 

Wayne,  Fort,  Mich 212 

West  Point,  N.  Y 289 

Wetherhill,  Fort,  R.  1 360 

Whidbey's  Island  (North  Point),  Wash 461 

Whipple  Barracks,  Ariz 20 

Whipple  Barracks  Target  Range,  Ariz 21 

White  House  Tract,  Va.  (Belvoir) 414 

Whitman,  Fort  (Goat  Island),  Wash 461 

Willets  Point,  N.  Y.  (Fort  Totten) 280 

William  Henry  Harrison,  Fort,  Mont 234 

William  H.  Seward,  Fort,  Alaska 16 

William  Me Kinley,  Fort,  Luzon,  P.  1 350 

Williams,  Fort,  Me 164 

Willoughby  Spit  (Land  at),  Va 435 

Wilmington  National  Cemetery,  N.  C 303 

Winchester  National  Cemetery,  Va 436 

Winfield  Scott,  Fort,  Cal 38 

Wingate,  Fort,  N.  Mex 253 

Wint,  Fort,  P.  1 349 

Winter  Island,  Mass.  (Pickering,  Fort) 194 

Winthrop,  Fort,  Mass 208 

Winyaw,  Fort,  S.  C 376 

Wood,  Fort,  N.  Y 295 

Woodland  Cemetery  (Two  Lots),  Ohio 307 

Woodland  Cemetery  (Soldiers'  Lot),  III 122 

Woodlawn  Cemetery  (Lot  in),  Ind 128 

Woodlawn  National  Cemetery,  N.  Y 296 

12925°— 16 35 


544  INDEX. 

Page. 

Wolcott,  Fort  (Goat  Island),  R.  1 361 

Wool,  Fort,  Va.  (see  also  Monroe,  Fort) 437 

Worden,  Fort,  Wash  (Point  Wilson) 461 

Wortmans,  Alaska 12 

Wright,  FortGeorge,  Wash 447 

Wright,  Fort  H.  G.,  N.  Y 260 

Y. 

Yellowstone,  Fort,  Wyo 475 

Yerba  Buena  Island,  Cal 

Yorktown,  Monument  at,  Va 437 

Yorktown  National  Cemetery,  Va 437 

Z. 

Zambales,  P.  1 349 

Zamboanga,  P.  I.  (Pettit  Barracks) 345 

Zamboanga  Target  Range,  P.  I.  (Pettit  Barracks) 345 

Zuninga  Shoal  Tract  (Fort  Pio  Pico),  Cal 

Table  of  Abandoned  Military  Reservations 476-490 

INDEX  TO  APPENDIX. 

Eminent  Domain 491 

Jurisdiction 497 

Taxation 517 

Title...      ~  521 


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